Tenth Circuit Finds Divorce Decree Is a Qualified Domestic Relations Order under ERISA
Tenth Circuit Finds Divorce Decree Is a Qualified Domestic Relations Order under ERISA
In Festini-Steele v. Exxonmobil Corporation, No. 20-1052, __F.App’x__, 2021 WL 629755 (10th Cir. Feb. 18, 2021), Plaintiff-Appellant Festini-Steele claims a Decree of Dissolution of Marriage (“Decree”) is a Qualified Domestic…
Self-Funded Plan Service Providers Are Not ERISA Fiduciaries Where They Do Not Exercise Discretion Over the Payment of Claims
In Cent. Valley Ag Coop. v. Leonard, No. 19-3044, __F.3d__, 2021 WL 317215 (8th Cir. Feb. 1, 2021), Central Valley Ag Cooperative (“Central Valley”), which sponsored two different self-funded health care…
Sixth Circuit Reverses Judgment for Employer in Plan Contributions Dispute Due to Ambiguity of “Outside Telephone Work” In Supplement to CBA
In National Electrical Annuity Plan v. Henkels & McCoy, Inc., No. 20-1024, __F.App’x__, 2021 WL 567868 (6th Cir. Feb. 16, 2021), Plaintiff National Electrical Annuity Plan (“NEAP”) seeks over $350,000 in…
District Court Rules Occupational Injury Benefit Plan Only Covering a Sole Proprietor Is Not an ERISA Plan
In Juanopulos v. Salus Claims Mgmt. LLC, No. 4:20-CV-01394, __F.Supp.3d__, 2021 WL 520453 (S.D. Tex. Feb. 9, 2021), in deciding a motion to remand the matter to state court, the…
Sixth Circuit Upholds Denial of Accidental Death Benefits Where Leukemia Contributed to Death
Duncan v. Minnesota Life Ins. Co., No. 20-3512, 2021 WL 494709 (6th Cir. Feb. 10, 2021) is a case that involves an accidental death policy governed by ERISA that excludes…
In Excessive Fee and Fiduciary Investment Litigation Against Georgetown University, District Court Must Consider Participants’ Request for Leave to File Amended Complaint
Participants in the Georgetown University retirement plans who brought individual and representative class action ERISA breach of fiduciary duty claims against the University for alleged payment of excessive fees and…
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