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Ninth Circuit Finds Claim for Occupational Disability Pension Benefits Constructively Denied for Plan’s Failure to Comply with ERISA’s Time Limits

Ninth Circuit Finds Claim for Occupational Disability Pension Benefits Constructively Denied for Plan’s Failure to Comply with ERISA’s Time Limits

Hoffman v. Screen Actors Guild-Producers Pension Plan, No. 20-55534, __F.App’x__, 2021 WL 1041693 (9th Cir. Mar. 18, 2021) involves a former stuntwoman’s claims for Disability Pension and Occupational Disability Pension…

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Fifth Circuit Excuses Claimant from Exhausting Administrative Remedies Because the Fund Did Not Substantially Comply with ERISA’s Notice Requirements

A recent decision from the Fifth Circuit Court of Appeals is a cautionary tale for plan administrators to comply with ERISA's notice requirements when they issue a benefit claim decision.…

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Second Circuit Reverses Order Compelling Arbitration of ERISA Fiduciary Breach Claims by Plan Participant Against Employer’s Third-Party Investment Advisor

Yesterday, the Second Circuit Court of Appeals issued its second decision this week involving the arbitration of ERISA claims. In Cooper v. Ruane Cunniff & Goldfarb Inc., No. 17-2805, __F.3d__2021…

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Sixth Circuit Reverses Judgment for Employer in Plan Contributions Dispute Due to Ambiguity of “Outside Telephone Work” In Supplement to CBA

In National Electrical Annuity Plan v. Henkels & McCoy, Inc., No. 20-1024, __F.App’x__, 2021 WL 567868 (6th Cir. Feb. 16, 2021), Plaintiff National Electrical Annuity Plan (“NEAP”) seeks over $350,000 in…

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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,…

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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…

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