Ninth Circuit Holds Equitable Tolling and Equitable Estoppel Do Not Apply to Statute of Limitations in ERISA Case
Ninth Circuit Holds Equitable Tolling and Equitable Estoppel Do Not Apply to Statute of Limitations in ERISA Case
In Serafin v. William C. Earhart Company Inc., et al., No. 20-35147, 2022 WL 2828223 (9th Cir. July 20, 2022) (Before: Schroeder, R. Nelson, and Vandyke, Circuit Judges), a short…
Ninth Circuit: ERISA Plan Must Arbitrate Dispute Against Its Claims Administrator
In Board of Trustees of The IBEW Local No. 640 And Arizona Chapter NECA Health and Welfare Trust Fund v. Cigna Health and Life Insurance Company, No. 21-16424, 2022 WL…
Fourth Circuit Revives Retirees Claim of Vested Retiree Life Insurance Coverage
In Bellon v. PPG Emp. Life & Other Benefits Plan, No. 21-1812, __F.4th__, 2022 WL 2760764 (4th Cir. July 15, 2022), a putative class action brought by retirees of PPG Industries…
Sixth Circuit Revives 401(k) Mismanagement Claim Against TriHealth
In Forman v. TriHealth, Inc., No. 21-3977, __F.4th__, 2022 WL 2708993 (6th Cir. July 13, 2022), a putative ERISA class action brought by participants of TriHealth Inc.’s 401(k) plan, the…
D.C. Circuit Vacates Withdrawal Liability Arbitration Award Based on Application of Risk-Free Discount Rate
United Mine Workers of Am. 1974 Pension Plan v. Energy W. Mining Co., No. 20-7054, __F.4th__, 2022 WL 2568025 (D.C. Cir. July 8, 2022) (Before: Rao and Walker, Circuit Judges,…
In Matter of First Impression, Eleventh Circuit Holds ERISA Beneficiary Can Recover Monetary Benefits Lost Due to a Breach of Fiduciary Duty
In Gimeno v. NCHMD, Inc., NCH Healthcare System, Inc., No. 21-11833, __F.4th__, 2022 WL 2309436 (11th Cir. June 28, 2022), a matter of first impression, the Eleventh Circuit considered whether Section…
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