Ninth Circuit Finds California’s State-Managed Individual Retirement Account Program Is Not Preempted by ERISA
Ninth Circuit Finds California’s State-Managed Individual Retirement Account Program Is Not Preempted by ERISA
With the growing number of government-run auto-enrollment retirement savings programs, the Ninth Circuit decided “a novel and important question:” whether ERISA preempts the California law which creates CalSavers, a state-managed…
Ninth Circuit Finds Rooker-Feldman Doctrine Does Not Bar ERISA and State Law Claims Related to QDRO and DRO Payout
Lundstrom v. Young, No. 20-55002, __F.App’x__, 2021 WL 1561661 (9th Cir. Apr. 21, 2021) (Before: M. Smith and Ikuta, Circuit Judges, and Steele, District Judge). Plaintiff-Appellant Brian Lundstrom, ex-husband of…
D.C. Circuit: Pension Benefit Guaranty Corporation Has Discretion to Deny Pre-NOIT Lumpsum Distributions
Fisher v. Pension Benefit Guar. Corp., No. 20-7063, __F.3d__, 2021 WL 1538234 (D.C. Cir. Apr. 20, 2021) (Before Rogers and Katsas, Circuit Judges, and Sentelle, Senior Circuit Judge). Appellant Joseph…
Ninth Circuit Holds No Breach of ERISA Fiduciary Duty for Miscalculating Pension Benefits and State Law Negligence Claims Are Not Preempted by ERISA
In Bafford v. Northrop Grumman Corp., No. 20-55222, __F.3d__, 2021 WL 1419055 (9th Cir. Apr. 15, 2021), the Ninth Circuit decided two important issues involving ERISA-imposed fiduciary duties and ERISA…
Sixth Circuit Revives Class Action Alleging Misleading Notice About Cash Balance Conversion
In Nolan v. Detroit Edison Co., No. 19-1867, __F.App’x__, 2021 WL 1097101 (6th Cir. Mar. 23, 2021), Plaintiff-Appellant Leslie Nolan, a participant in the Detroit Edison Company (“DTE”) cash balance…
Ninth Circuit Finds Claim for Occupational Disability Pension Benefits Constructively Denied for Plan’s Failure to Comply with ERISA’s Time Limits
Hoffman v. Screen Actors Guild-Producers Pension Plan, No. 20-55534, __F.App’x__, 2021 WL 1041693 (9th Cir. Mar. 18, 2021) involves a former stuntwoman’s claims for Disability Pension and Occupational Disability Pension…
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