Second Circuit Finds Board Abused Discretion in Denying Supplemental Pension Plan for Certain Management Employees (SERP) 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…
Eighth Circuit Affirms District Court’s Award of Prejudgment Interest, Liquidated Damages and Attorneys’ Fees to Welfare and Pension Plans
In Marshall v. Anderson Excavating & Wrecking Co., No. 19-3040, __F.4th__, 2021 WL 3436326 (8th Cir. Aug. 6, 2021), Plaintiffs, a union and trustees of a welfare and pension plan,…
Eighth Circuit Affirms Award of Delinquent Contributions and Attorney’s Fees to Trustees of Five Multi-Employer Fringe Benefit Funds
In Nesse as Trustees of Minnesota Laborers Health & Welfare Fund v. Green Nature-Cycle, LLC, No. 20-2365, __F.4th__, 2021 WL 3412123 (8th Cir. Aug. 5, 2021), Plaintiffs are trustees of…
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