Fifth Circuit Reaffirms that Termination of ERISA Plan Is a Settlor Function, Not A Fiduciary Act
Fifth Circuit Reaffirms that Termination of ERISA Plan Is a Settlor Function, Not A Fiduciary Act
In Jackson v. AT&T Ret. Sav. Plan, No. 20-30255, __F.App’x__, 2021 WL 3624751 (5th Cir. Aug. 16, 2021), pro se Plaintiff-Appellant, Samantha J. Jackson, appealed the dismissal of her ERISA…
Ninth Circuit Holds Health Plan Did Not Abuse Its Discretion in Terminating Spousal Benefits Following Judgment of Dissolution of Marriage
In Goodman v. Motion Picture Indus., No. 20-55937, __F.App’x__, 2021 WL 3615415 (9th Cir. Aug. 16, 2021), the Ninth Circuit affirmed the district court’s judgment in favor of the Motion…
Second Circuit Revives Breach of Fiduciary Duty Claims in Class Action Against New York University Retirement Plans
Sacerdote v. New York Univ., No. 18-2707-CV, __F.4th__, 2021 WL 3610355 (2d Cir. Aug. 16, 2021) involves a class action brought by participants in retirement plans administered by New York University…
Second Circuit Holds California Insurance Code’s Ban on Discretionary Authority in Disability Policies Applies Only to California Residents
Mayer v. Ringler Assocs. Inc., No. 20-1281, __F.4th__, 2021 WL 3556473 (2d Cir. Aug. 12, 2021) involves a dispute over the proper calculation of Plaintiff-Appellant Gregory Mayer’s long-term disability benefits…
Second Circuit Finds Board Abused Discretion in Denying Supplemental Pension Plan for Certain Management Employees (SERP) Benefits
In Wegmann v. Young Adult Inst., Inc., No. 20-1147, __F.App’x__, 2021 WL 3573753 (2d Cir. Aug. 13, 2021), the Second Circuit considered whether Defendants Young Adult Institute, Inc. (“YAI”) and Trustees…
Ninth Circuit Finds ERISA Plan’s Procedural Error in Reviewing Claim for Disability Benefits Does Not Warrant Remand to the Plan
In Dimry v. Bert Bell/pete Rozelle NFL Player Ret. Plan, No. 20-17049, __F.App’x__, 2021 WL 3509349 (9th Cir. Aug. 10, 2021), a dispute over total and permanent disability benefits under…
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