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Seventh Circuit Upholds Dismissal of ERISA Claims Against Oshkosh Corporation for Alleged Mismanagement of Retirement Plan

Seventh Circuit Upholds Dismissal of ERISA Claims Against Oshkosh Corporation for Alleged Mismanagement of Retirement Plan

Albert v. Oshkosh Corp., No. 21-2789, __F.4th__, 2022 WL 3714638 (7th Cir. Aug. 29, 2022) involves several ERISA claims brought by Andrew Albert against his former employer, a subsidiary of…

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Eleventh Circuit Finds ERISA Lawsuit Time-Barred Based on Benefit Plan’s Contractual Limitations Period

In Bakos v. Unum Life Insurance Company of America, No. 22-11131, 2022 WL 3696648 (11th Cir. Aug. 25, 2022), a dispute over long-term disability benefits, the Eleventh Circuit affirmed the…

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Ninth Circuit Affirms Award of AD&D Benefits for Death Caused by Drunk and Reckless Driving

Wolf v. Life Insurance Company of North America, No. 21-35485, __F.4th__, 2022 WL 3652966 (9th Cir. Aug. 25, 2022) involves a dispute over the payment of accidental death and dismemberment…

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Second Circuit Holds Government Can Garnish ERISA-protected 401(k) Accounts for Restitution under MVRA

In United States v. Shkreli, No. 21-993, __F.4th__, 2022 WL 3640279 (2d Cir. Aug. 24, 2022), Defendant-Appellant Evan Greebel, co-conspirator of Martin Shkreli, was ordered to pay over ten million…

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Second Circuit Sides with Benefits Fund in Dispute with Employer over Scope of Payroll Audit

New York State Nurses Ass’n Benefits Fund Through Buchanan v. Nyack Hosp., No. 20-378, __F.4th__, 2022 WL 3569296 (2d Cir. Aug. 19, 2022) involves a dispute between an employer, Nyack Hospital,…

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Fifth Circuit Finds Unlawful the Department of Labor’s Advisory Opinion Regarding ERISA Status of Health Plan

Data Mktg. P’ship, LP v. United States Dep’t of Lab., No. 20-11179, __F.4th__, 2022 WL 3440652 (5th Cir. Aug. 17, 2022) (Before: Smith, Elrod, and Oldham, Circuit Judges). This dispute…

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