In Withdrawal Liability Dispute, Seventh Circuit Reaffirms Presumption That Leasing Property to a Withdrawing Employer Is a Trade or Business
In Withdrawal Liability Dispute, Seventh Circuit Reaffirms Presumption That Leasing Property to a Withdrawing Employer Is a Trade or Business
In Loc. 705 Int’l Bhd. of Teamsters Pension Fund v. Pitello, No. 20-2142, __F.4th__, 2021 WL 2818326 (7th Cir. July 7, 2021), a dispute over unpaid withdrawal liability, the Plaintiff…
Fifth Circuit Affirms Denial of Retirement Benefits and Dismissal of ERISA-estoppel Claim
In Clark v. Certainteed Salaried Pension Plan, et al., No. 20-30059, __F.App’x__, 2021 WL 2620557 (5th Cir. June 24, 2021), Plaintiff-Appellant Terry Clark sought retirement benefits under the Saint-Gobain Retirement…
Fifth Circuit Affirms Denial of Deceased Ex-Spouse’s Retirement Benefits
In Chetlin v. Exxon Mobil Oil Corporation, No. 20-20641, __F.App’x__, 2021 WL 2492771 (5th Cir. June 17, 2021), Plaintiff-Appellant Medora Chetlin filed suit under ERISA against Defendant Exxon Mobil Oil…
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…
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