Second Circuit Holds Union Trustees Were Not Acting as Fiduciaries When They Passed Invalid Amendments to Multiemployer Plans
Second Circuit Holds Union Trustees Were Not Acting as Fiduciaries When They Passed Invalid Amendments to Multiemployer Plans
In Massaro v. Palladino, No. 20-1807, __F.4th__, 2021 WL 5570814 (2d Cir. Nov. 30, 2021), involving an “acrimonious dispute” between the Union and Employer Trustees of two employee benefit plans…
Sixth Circuit Vacates Withdrawal Liability Award for Redetermination of Interest Rate and Assessment of Partial-Withdrawal Liability
Sofco Erectors, Inc. v. Trustees of Ohio Operating Engineers Pension Fund, No. 20-3639, __F.4th__, 2021 WL 4434226 (6th Cir. Sept. 28, 2021) is a dispute involving the payment of withdrawal liability…
D.C. Circuit Affirms Denial of Multiemployer Pension Plan Benefits to Employee Not Deemed a Participant in the Plan
In Anthony v. International Association of Machinists and Aerospace Workers District Lodge 1, et al., No. 20-7036, __F.App’x__, 2021 WL 4056297 (D.C. Cir. Sept. 3, 2021), Plaintiff-Appellant Gary Anthony appealed…
Second Circuit Finds Board Abused Discretion in Denying Supplemental Pension Plan for Certain Management Employees (SERP) Benefits
In Wegmann v. Young Adult Inst., Inc., No. 20-1147, __F.App’x__, 2021 WL 3573753 (2d Cir. Aug. 13, 2021), the Second Circuit considered whether Defendants Young Adult Institute, Inc. (“YAI”) and Trustees…
Fourth Circuit Holds that Mandatory Victims Restitution Act Permits the Government’s Seizure of ERISA-governed Retirement Benefits
In United States v. Frank, No. 20-6706, __F.4th__, 2021 WL 3504049 (4th Cir. Aug. 10, 2021), the Fourth Circuit considered whether the government can garnish a defendant’s ERISA-governed 401(k) retirement…
Eighth Circuit Affirms District Court’s Award of Prejudgment Interest, Liquidated Damages and Attorneys’ Fees to Welfare and Pension Plans
In Marshall v. Anderson Excavating & Wrecking Co., No. 19-3040, __F.4th__, 2021 WL 3436326 (8th Cir. Aug. 6, 2021), Plaintiffs, a union and trustees of a welfare and pension plan,…
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