ERISA Watch – ERISA Section 305(e) Does Not Apply Before Critical Status Certification
ERISA Watch – ERISA Section 305(e) Does Not Apply Before Critical Status Certification
Last week was a busy week for ERISA decisions. This week’s first notable decision is Lehman v. Nelson, et al., No. 15-35414, __F.3d__, 2017 WL 2989916 (9th Cir. July 14,…
ERISA Watch – Class-Wide Equitable Relief May Be Awarded Absent Individualized Proof of Detrimental Reliance
This week’s notable decision is a good one on the current state of ERISA remedies. In Osberg v. Foot Locker, Inc., Foot Locker Retirement Plan, No. 15-3602-CV, __F.3d__, 2017 WL…
ERISA Watch – First Circuit Holds That Arbitrator Decides Issue of ERISA Preemption
This week’s notable decision is Prime Healthcare Services - Landmark LLC v. United Nurses and Allied Professionals, Local 5067, No. 16-1161, __F.3d__, 2017 WL 462106 (1st Cir. Feb. 3, 2017). …
ERISA Watch – Applying “Discovery Rule,” Sixth Circuit Holds That Pension Benefit Claim Is Time-Barred
This week’s notable decision is Patterson v. Chrysler Grp., LLC, No. 16-1365, __F.3d__, 2017 WL 104829 (6th Cir. Jan. 11, 2017), a case where a SOL leaves the Plaintiff SOL. …
ERISA Watch – Pension Fund Customer of Maddoff Investment Securities Lacks Standing to Sue Investment Manager
This week’s notable decision is Trustees of The Upstate New York Engineers Pension Fund v. Ivy Asset Management, Lawrence Simon, Howard Wohl, & Bank Of New York Mellon Corporation, No.…
ERISA Watch – Fifth Circuit Holds That Statutory Right to “Proper Plan Management” Under ERISA Does Not Confer Article III Standing
Happy Tuesday! This week’s notable decision is Lee v. Verizon Commc’ns, Inc., No. 14-10553, __F.3d__, 2016 WL 4926159 (5th Cir. Sept. 15, 2016). Lee involves a certified class action of…
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