Seventh Circuit: No Standalone Federal Cause of Action to Impose Successor Liability for Delinquent ERISA Plan Contributions
Seventh Circuit: No Standalone Federal Cause of Action to Impose Successor Liability for Delinquent ERISA Plan Contributions
In Cent. Illinois Pipe Trades Health & Welfare Fund v. Prather Plumbing & Heating, Inc., No. 20-2525, __F.4th __, 2021 WL 2819035 (7th Cir. July 7, 2021), the Seventh Circuit…
In Withdrawal Liability Dispute, Seventh Circuit Reaffirms Presumption That Leasing Property to a Withdrawing Employer Is a Trade or Business
In Loc. 705 Int’l Bhd. of Teamsters Pension Fund v. Pitello, No. 20-2142, __F.4th__, 2021 WL 2818326 (7th Cir. July 7, 2021), a dispute over unpaid withdrawal liability, the Plaintiff…
Fifth Circuit Holds Medical Provider Tort Claim Against NFL Is Preempted by ERISA
In Advanced Physicians, S.C. v. National Football League, No. 20-10998, __F.App’x__, 2021 WL 2773112 (5th Cir. July 1, 2021), the Fifth Circuit affirmed the district court’s (N.D. Tex) dismissal of…
Fifth Circuit Rules for ERISA Claimant Where Disability Claim Straddles Two Insurance Companies That Both Deny Coverage
What happens when an employee becomes disabled during a period when his employer switches long-term disability carriers and both carriers disclaim coverage? In Talamantes v. Metro. Life Ins. Co., No.…
Fifth Circuit Affirms Denial of Retirement Benefits and Dismissal of ERISA-estoppel Claim
In Clark v. Certainteed Salaried Pension Plan, et al., No. 20-30059, __F.App’x__, 2021 WL 2620557 (5th Cir. June 24, 2021), Plaintiff-Appellant Terry Clark sought retirement benefits under the Saint-Gobain Retirement…
Fourth Circuit Revives ERISA Claims Against Aetna and Optum for “Buried” Service Fees Charged to Self-Funded Health Plans
In Peters v. Aetna Inc., No. 19-2085, __F.3d__, 2021 WL 2546412 (4th Cir. June 22, 2021), a putative class action, the Fourth Circuit revived ERISA breach of fiduciary duty and…
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