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D.C. Circuit: Pension Benefit Guaranty Corporation Has Discretion to Deny Pre-NOIT Lumpsum Distributions

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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Ninth Circuit Holds No Breach of ERISA Fiduciary Duty for Miscalculating Pension Benefits and State Law Negligence Claims Are Not Preempted by ERISA

In Bafford v. Northrop Grumman Corp., No. 20-55222, __F.3d__, 2021 WL 1419055 (9th Cir. Apr. 15, 2021), the Ninth Circuit decided two important issues involving ERISA-imposed fiduciary duties and ERISA…

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Sixth Circuit Revives Class Action Alleging Misleading Notice About Cash Balance Conversion

In Nolan v. Detroit Edison Co., No. 19-1867, __F.App’x__, 2021 WL 1097101 (6th Cir. Mar. 23, 2021), Plaintiff-Appellant Leslie Nolan, a participant in the Detroit Edison Company (“DTE”) cash balance…

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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

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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