Second Circuit Holds That ERISA Plan’s REMIC Regular-Interest Certificates Represent Beneficial Interests in Trust and Are Equity Interests Under DOL Plan-Asset Regulation; Remands for Consideration of Mortgage Servicer’s Fiduciary Status
Second Circuit Holds That ERISA Plan’s REMIC Regular-Interest Certificates Represent Beneficial Interests in Trust and Are Equity Interests Under DOL Plan-Asset Regulation; Remands for Consideration of Mortgage Servicer’s Fiduciary Status
In Powell as Trustee of United Food & Commercial Workers Union & Employers Midwest Pension Fund v. Ocwen Financial Corporation, --- F.4th ----, 2026 WL 1084825 (2d Cir. Apr. 22,…
Second Circuit Affirms Denial of Post-Judgment Accounting and Discovery in Long-Running CIGNA Pension Plan Class Action
In Amara v. CIGNA Corp., No. 24-2913, 2026 WL 1113470 (2d Cir. Apr. 24, 2026), the Second Circuit affirmed the District of Connecticut’s denial of class plaintiffs’ motion for an…
Fourth Circuit Holds That Merrill Lynch’s WealthChoice Award Program Is an Excepted Bonus Payment Plan, Not an ERISA-Covered Employee Pension Benefit Plan
In Milligan v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 25-1385, --- F.4th ----, 2026 WL 1041935 (4th Cir. Apr. 17, 2026), the Fourth Circuit affirmed a district court's…
Second Circuit Holds RMBS Trust Certificates—but Not Notes—Can Constitute ERISA Plan Assets
In Powell as Tr. of United Food & Com. Workers Union & Emps. Midwest Pension Fund v. Ocwen Fin. Corp., No. 23-999, ---F.4th----, 2026 WL 828159 (2d Cir. Mar. 26,…
Sixth Circuit Holds ERISA’s Actuarial Equivalence Requirement Bars Use of Unreasonably Outdated Mortality Assumptions
In Reichert v. Kellogg Co., No. 24-1442, ---F.4th----, 2026 WL 734673 (6th Cir. Mar. 16, 2026), the Sixth Circuit addressed an increasingly litigated issue in ERISA pension cases—whether defined benefit…
Fourth Circuit Holds ERISA § 502(a)(2) Claims in Defined Contribution Plans Are Individualized and Cannot Be Certified as Mandatory Classes
In Trauernicht v. Genworth Fin. Inc., No. 24-1880, ---F.4th----, 2026 WL 667917 (4th Cir. Mar. 10, 2026), the Fourth Circuit reversed a district court’s class certification order in an ERISA…
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