EBSA Takes Position That ERISA Fiduciaries Must Provide Claimants With Any Audio Recordings Related to Adverse Benefit Determination
EBSA Takes Position That ERISA Fiduciaries Must Provide Claimants With Any Audio Recordings Related to Adverse Benefit Determination
Yesterday, Eric Berger, Acting Chief, Division of Coverage, Reporting and Disclosure, in the Office of Regulations and Interpretations of the Employee Benefits Security Administration (EBSA) issued an informational letter concerning…
Tenth Circuit Affirms District Court’s Damages Calculation in 401(k) Breach of Fiduciary Duty Litigation
The Tenth Circuit Court of Appeals recently decided Ramos v. Banner Health, et al., No. 20-1231, __F.3d__, 2021 WL 2387909 (10th Cir. June 11, 2021). This case involves a class…
Ninth Circuit Bars Defensive Use of Equitable Estoppel When It Would Result in Contradiction of an ERISA Plan’s Express Terms
In Wong v. Flynn-Kerper, No. 19-56289, __F.3d__, 2021 WL 2307485 (9th Cir. June 7, 2021), the Ninth Circuit considered for the first time whether a defense of equitable estoppel is…
Second Circuit Finds Home Health Aides Lack Standing for ERISA Claims Based on Alleged Violation of New York Wage Parity Law
In Gonzalez De Fuente v. Preferred Home Care Of New York LLC, et al., No. 20-3985-CV, __F.App’x__, 2021 WL 2308786 (2d Cir. June 7, 2021), Plaintiff-Appellants, certified home health aides…
Sixth Circuit Finds Dispute Between ERISA Fund Trustees Belongs in Arbitration
In Baker, et al. v. Iron Workers Local 25 Vacation Pay Fund, et al., No. 20-1946, __F.3d__, 2021 WL 2177666 (6th Cir. May 28, 2021), three trustees of an employee…
Third Circuit Enforces Equitable Disgorgement Remedy Against Former Employee Who Violated ERISA Plan’s Non-Compete Provision
When Plaintiff-Appellant Michael Wilson sued his former employer, Aerotek, Inc., for violations of the Family and Medical Leave Act and defamation, Aerotek counterclaimed under ERISA alleging that Wilson violated the…
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