District Court Dismisses ERISA And Non-ERISA Claims for Disability Benefits Finding That ERISA Coverage Had Terminated and Plaintiff’s Other Claims Were Preempted, Time-Barred or Not Viable
District Court Dismisses ERISA And Non-ERISA Claims for Disability Benefits Finding That ERISA Coverage Had Terminated and Plaintiff’s Other Claims Were Preempted, Time-Barred or Not Viable
In Diederichs v. FCA US LLC, No. 23-CV-11287, 2024 WL 5168087 (E.D. Mich. Dec. 19, 2024), Michigan Eastern District Judge Robert J. White adopted the Magistrate Judge’s report and recommendations…
Second Circuit Affirms Dismissal of ERISA Breach of Fiduciary Duty Claims Alleging Excessive Recordkeeping Fees
In a recent decision by the United States Court of Appeals for the Second Circuit, the case of Singh v. Deloitte LLP, No. 23-1108, __F.4th__, 2024 WL 5049345 (2d Cir.…
Eleventh Circuit Holds Defined Contribution Plans Are Not Entitled to the Benefit from Foreign Tax Credits
In Romano v. John Hancock Life Ins. Co. (USA), No. 22-12366, 2024 WL 4614701 (11th Cir. Oct. 30, 2024), a matter of first impression, the Eleventh Circuit considered whether ERISA’s…
Sixth Circuit Finds ERISA Plan Arbitration Clause Unenforceable Because It Precludes Representative Actions
Plaintiff-Appellant Bradley Fleming was frustrated in his attempt to hold the fiduciaries of his former company’s 401(k) Plan liable for alleged breaches of their ERISA fiduciary duties because the Plan…
Eighth Circuit Upholds Dismissal of ERISA Lawsuit Alleging Excessive Recordkeeping Fees
In Barrett v. O’Reilly Auto., Inc., No. 23-2501, __F.4th__, 2024 WL 3980839 (8th Cir. Aug. 29, 2024) (Before: Benton, Arnold, and Stras, Circuit Judges), the Eighth Circuit affirmed the district…
Sixth Circuit Holds ERISA Retirement Plan’s Individual Arbitration Provisions Are Invalid
In Parker v. Tenneco, Inc., No. 23-1857, __F.4th__, 2024 WL 3873409 (6th Cir. Aug. 20, 2024), Plaintiffs-Appellees are participants in 401(k) Plans administered by Tenneco Inc., the parent company of…
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