D.C. Circuit: District Court Retains Jurisdiction to Enforce Permanent Injunction Against Employer and Retirement Plan
D.C. Circuit: District Court Retains Jurisdiction to Enforce Permanent Injunction Against Employer and Retirement Plan
On June 24, 2022, in a short unpublished opinion, the D.C. Circuit Court of Appeals decided Kifafi v. Hilton Hotels Retirement Plan, et al., No. 21-7025, 2022 WL 2280296 (D.C.…
Ninth Circuit Revives ERISA Excessive Fees Suit Against Trader Joe’s Company
Just a week after reviving ERISA breach of fiduciary duty claims against Salesforce, the Ninth Circuit revived an excessive fees case against Trader Joe's Company in Kong, et al. v.…
Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claim Against Salesforce for 401(k) Plan Investments
In Davis, et al. v. Salesforce.com, Inc., et al., No. 21-15867, 2022 WL 1055557 (9th Cir. Apr. 8, 2022), Plaintiffs-Appellants alleged that Defendants breached their ERISA duty of prudence with…
Third Circuit Follows Sister Circuits in Defining “Employer” under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA)
In Supor & Son Trucking & Rigging Co. v. Trucking Emps. of N. Jersey Welfare Fund, No. 20-3286, 2022 WL 1010057 (3d Cir. Apr. 5, 2022), involving a matter of first…
Sixth Circuit Upholds Pension Fund’s Suspension of Benefits Due to Participant’s Post-Retirement Work
In Helgemo v. Operating Engineers Loc. 324 Pension Fund, No. 21-2951, 2022 WL 670139 (6th Cir. Mar. 7, 2022), Plaintiff-Appellant William Helgemo sued the Operating Engineers Local 324 Pension Fund…
Second Circuit: Reinterpretation of Special Early Retirement Benefit Terms Does Not Violate ERISA’s Anti-Cutback Rule
In Metzgar, et al v. U.A. Plumbers and Steamfitters Local No. 22 Pension Fund, et al., No. 20-3791, 2022 WL 610340 (2d Cir. Mar. 2, 2022), Plaintiffs-Appellants are participants in…
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