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