ERISA Watch – Eleventh Circuit Holds That ERISA’s Six-Year Statute of Repose Is Waivable
ERISA Watch – Eleventh Circuit Holds That ERISA’s Six-Year Statute of Repose Is Waivable
This week’s notable decision is Sec’y, U.S. Dep’t of Labor v. Preston, No. 17-10833, __F.3d__, 2017 WL 4545962 (11th Cir. Oct. 12, 2017), a colorful opinion penned by Circuit Judge…
ERISA Watch – Class-Wide Equitable Relief May Be Awarded Absent Individualized Proof of Detrimental Reliance
This week’s notable decision is a good one on the current state of ERISA remedies. In Osberg v. Foot Locker, Inc., Foot Locker Retirement Plan, No. 15-3602-CV, __F.3d__, 2017 WL…
Eighth Circuit Court of Appeals Expands Rights for Long Term Disability Claimants
The past six years have witnessed significant developments in the remedies available under the Employee Retirement Income Security Act of 1974 (ERISA), a law once reputed to offer limited relief…
ERISA Watch – Third Circuit Holds: Secretary of Labor Is Not Bound by Private Litigation Results
This was the week for decisions in cases involving breach of fiduciary duty claims. The most notable one is the Third Circuit’s decision in Sec’y United States Dep’t of Labor…
ERISA Watch – Discretionary Authority Must Be Explicitly Stated in Long Term Disability Plan
This week’s notable decision is Rodríguez-López v. Triple-S Vida, Inc., No. 15-2413, __F.3d__, 2017 WL 782293 (1st Cir. Mar. 1, 2017), where the First Circuit Court of Appeals held that…
ERISA Watch – Third Party Disability Administrator Did Not Breach Fiduciary Duties For Reporting Substance Abuse to Employer
This weeks’ notable decision is out of the Tenth Circuit Court of Appeals and involves a denial of ERISA short term disability benefits. In Williams v. Fedex Corporate Services; Aetna…
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