ERISA Watch – Court Certifies Class Action Against Citigroup 401(k) Plan Fiduciaries For Alleged Violations of Self-Dealing and Imprudent Conduct
ERISA Watch – Court Certifies Class Action Against Citigroup 401(k) Plan Fiduciaries For Alleged Violations of Self-Dealing and Imprudent Conduct
This week’s notable decision is a class certification decision in Leber v. The Citigroup 401(k) Plan Investment Committee, et al, No. 07-CV-9329 (SHS), __F.R.D.__, 2017 WL 5664850 (S.D.N.Y. Nov. 27,…
ERISA Watch – Third Circuit Holds that Plan Participant Bargaining Power Is Not a Substantive Element of a Top-Hat Plan
This week’s notable decision is Sikora v. UPMC, No. 17-1288, __F.3d__, 2017 WL 5642407 (3d Cir. Nov. 24, 2017), where the Third Circuit joined the First Circuit, and departed from…
ERISA Watch – Third Circuit Upholds Retirement Plan Administrator’s Interpretation of “Ambiguous” Plan Terms
What do you do when a 277-page retirement plan fails to explicitly address a retiree’s specific situation? You give deference to the plan administrator’s reasonable interpretation of ambiguous plan terms. …
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). …
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