Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claims Against AT&T for Failing to Monitor Compensation Received by its Retirement Plan Recordkeeper
Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claims Against AT&T for Failing to Monitor Compensation Received by its Retirement Plan Recordkeeper
Bugielski v. AT&T Servs., Inc., No. 21-56196, __F.4th__, 2023 WL 4986499 (9th Cir. Aug. 4, 2023) (Before: Paez, Bade, Circuit Judges, and Collins, District Judge). In this putative class action…
Eighth Circuit Finds Employee Benefit Funds Failed to Establish Company Owes Supplemental Dues under CBA
In Greater St. Louis Constr. Laborers Welfare Fund v. B.F.W. Contracting, LLC, No. 22-2138, __F.4th__, 2023 WL 4940260 (8th Cir. Aug. 3, 2023), Defendants-Appellants B.F.W. Contracting, LLC and B.F.W. Contractors,…
District Court Applies Fiduciary Exception Granting Plaintiff’s Motion to Compel Unum’s Legal Communications Prior To Its Final Decision on ERISA LTD Claim
In Hardy v. Unum Life Insurance Company of America, No. 23-CV-563 (JRT/JFD), 2023 WL 4841952 (D. Minn. July 28, 2023) Minnesota District Magistrate Judge John F. Docherty granted Plaintiff’s motion…
Sixth Circuit Revives Breach of Fiduciary Duty Claims Against United HealthCare for Seeking Reimbursement of Medical Expenses Not Required by ERISA Plan
In Patterson v. United HealthCare Ins. Co., No. 22-3167, __F.4th__, 2023 WL 4882436 (6th Cir. Aug. 1, 2023), Plaintiff-Appellant Eric Patterson appealed the district court’s dismissal of his ERISA breach…
District Court Construes ERISA Plan’s Objective Evidence Requirement Liberally In Favor of Claimant
In Sutton v. Metropolitan Life Insurance Company, et al., No. 222CV00732KJMCKD, 2023 WL 4669994 (E.D. Cal. July 20, 2023), the California Eastern District Court granted judgment in favor of Plaintiff,…
Third Circuit Affirms Judgment on ERISA Retaliation Claim in Favor of Employee Fired After Incurring Significant Medical Costs for Company
In Kairys v. S. Pines Trucking, Inc., No. 22-1783, __F.4th__, 2023 WL 4718509 (3d Cir. July 25, 2023), Defendant Southern Pines Trucking, Inc. appealed the district court’s judgment for Plaintiff…
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