Fifth Circuit Remands Challenge of DOL’s Final Rule Regarding ERISA Fiduciary Consideration of ESG Factors to the District Court in Light of Loper Bright Decision
Fifth Circuit Remands Challenge of DOL’s Final Rule Regarding ERISA Fiduciary Consideration of ESG Factors to the District Court in Light of Loper Bright Decision
In Utah v. Su, No. 23-11097, __F.4th__, 2024 WL 3451820 (5th Cir. July 18, 2024) (Before: Haynes, Willett, and Oldham, Circuit Judges), the Fifth Circuit returned the question of whether…
Ninth Circuit Revives ERISA Claims Against Northrop Grumman Over Inaccurate Pension Benefit Statements
In Bafford v. Admin. Comm. of Northrop Grumman Pension Plan, No. 22-55634, __F.4th__, 2024 WL 2067884 (9th Cir. May 9, 2024), decided by Circuit Judges Morgan Christen, Roopali H. Desai,…
Seventh Circuit Orders Refund of Withdrawal Liability to Employer Where CBA Did Not Require It to Make Pension Contributions
In Bulk Transp. Corp. v. Teamsters Union No. 142 Pension Fund, No. 23-1563, __F.4th__, 2024 WL 1230236 (7th Cir. Mar. 22, 2024), Bulk Transport challenged the district court’s grant of…
In Dispute Over Withdrawal Liability, D.C. Circuit Holds Actuary May Base Assumption on Information After Measurement Date
In Trustees of IAM Nat’l Pension Fund v. M & K Emp. Sols., LLC, No. 22-7157, __F.4th__, 2024 WL 501826 (D.C. Cir. Feb. 9, 2024), the D.C. Circuit decided a…
Second Circuit Upholds Termination of Retired Union Workers’ Benefits Due to Disqualifying Employment
In Spillane v. New York City Dist. Council of Carpenters, No. 23-247, 2024 WL 221816 (2d Cir. Jan. 22, 2024), Plaintiff-Appellant Patrick Brendan Spillane and his wife sued his union…
Third Circuit Rejects Claimants’ Bid to Participate in Chubb Corporation Benefit Plans Because They Were Not Eligible Employees
In Needham v. Chubb Corp., et al., No. 22-1829, 2023 WL 8711814 (3d Cir. Dec. 18, 2023), the Third Circuit considered the ERISA claims brought by Plaintiffs Needham and Dowman,…
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