Second Circuit Revives Breach of Fiduciary Duty Claims in Class Action Against New York University Retirement Plans
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…
Seventh Circuit Finds Charter School Benefit Plans Fall Under ERISA’s Governmental Plan Exemption
In Graham v. Bd. of Educ., No. 19-2745, __F.4th__, 2021 WL 3508563 (7th Cir. Aug. 10, 2021), Plaintiff-Appellant Tamika Graham, representing herself pro se, appealed the dismissal of her complaint…
Fourth Circuit Holds that Mandatory Victims Restitution Act Permits the Government’s Seizure of ERISA-governed Retirement Benefits
In United States v. Frank, No. 20-6706, __F.4th__, 2021 WL 3504049 (4th Cir. Aug. 10, 2021), the Fourth Circuit considered whether the government can garnish a defendant’s ERISA-governed 401(k) retirement…
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