Fourth Circuit Holds That Merrill Lynch’s WealthChoice Award Program Is an Excepted Bonus Payment Plan, Not an ERISA-Covered Employee Pension Benefit Plan
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Sixth Circuit Holds ERISA’s Actuarial Equivalence Requirement Bars Use of Unreasonably Outdated Mortality Assumptions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…
Third Circuit Holds Pension Fund’s Failure to Demand Withdrawal Liability “As Soon as Practicable” Bars Recovery
In RTI Restoration Techs., Inc. v. Int’l Painters & Allied Trades Indus. Pension Fund, No. 24-2874, ---F.4th----, 2026 WL 588429 (3d Cir. Mar. 3, 2026), the Third Circuit affirmed summary…
Second Circuit Rejects Pension Fund’s Double-Counting Theory and Eliminates $1.8 Million in Withdrawal Liability
In Mar-Can Transportation Co., Inc. v. Loc. 854 Pension Fund, No. 24-1431, ---F.4th----, 2026 WL 452565 (2d Cir. Feb. 18, 2026), the Second Circuit resolved a significant statutory interpretation dispute…
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