Fifth Circuit Affirms Summary Judgment Holding Company Owner a Functional ERISA Fiduciary Personally Liable for Diverted Employee Contributions and Unpaid Health Claims
Fifth Circuit Affirms Summary Judgment Holding Company Owner a Functional ERISA Fiduciary Personally Liable for Diverted Employee Contributions and Unpaid Health Claims
In Sonderling v. Sills, No. 26-30272, 2026 WL 3001434 (5th Cir. Oct. 6, 2026) (Before: Davis, Stewart, and Duncan, Circuit Judges), the Acting Secretary of Labor sued Kelly Sills, president…
When an ERISA Claims Administrator Decides an Appeal Two Days Late: Ohio Federal Court Applies De Novo Review and Awards Long-Term Disability Benefits
In Klusmann v. AT&T Umbrella Benefit Plan No. 1, No. 5:24-CV-1295, 2026 WL 2905335 (N.D. Ohio Sept. 28, 2026), the United States District Court for the Northern District of Ohio…
Can an ERISA Section 510 Retaliation Claim Be Forced into Arbitration? A Texas Court Says Yes, Even with a Benefits Carve-Out
In Hawkins v. Wells Fargo Bank, N.A., No. 3:26-cv-00026, 2026 WL 2905988 (S.D. Tex. Sept. 28, 2026), a magistrate judge in the Southern District of Texas compelled an ERISA Section…
When Is an ERISA “Regular Occupation” Your Specialty? Court Orders Unum to Reinstate a Securities Lawyer’s Disability Benefits
In Macpeak v. Unum Life Insurance Company of America, No. 24-1650, 2026 WL 2906206 (E.D. Pa. Sept. 28, 2026), the United States District Court for the Eastern District of Pennsylvania…
Ohio Federal Court Revives ERISA Disability Claim After Lincoln National Relies Only on Paper Reviews
In Oliver-Smith v. Lincoln National Life Insurance Company, No. 1:23-cv-276, 2026 WL 2905291 (S.D. Ohio Sept. 28, 2026), United States District Judge Jeffery P. Hopkins found that Lincoln’s termination of…
ERISA Surcharge Against an Employer-Fiduciary: New Mexico District Court Lets a Lapsed Group Life Insurance Claim Proceed
In Vigil v. Taos Ski Valley, Inc., No. 1:25-cv-01323-KWR-JFR, 2026 WL 2883448 (D.N.M. Sept. 25, 2026), United States District Judge Kea W. Riggs denied an employer's motion for judgment on…
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