Second Circuit Holds Pension Plan Participant Is Not Entitled to Actuarial Increase in Benefits Due to Working Beyond Normal Retirement Age
Second Circuit Holds Pension Plan Participant Is Not Entitled to Actuarial Increase in Benefits Due to Working Beyond Normal Retirement Age
In Guzman v. Bldg. Serv. 32BJ Pension Fund, et al., No. 23-8032, 2024 WL 4431100 (2d Cir. Oct. 7, 2024), Plaintiff-Appellant Carlos Guzman, proceeding pro se, appealed the district court’s…
Third Circuit Holds that duPont Family Did Not Create an ERISA Retirement Plan for Certain Domestic Employees
In Dunne v. Elton Corporation, et al., No. 23-1499, 2024 WL 4224619 (3d Cir. Sept. 18, 2024), the Third Circuit decided a dispute over pension benefits promised by the matriarch…
Eighth Circuit Upholds Dismissal of ERISA Lawsuit Alleging Excessive Recordkeeping Fees
In Barrett v. O’Reilly Auto., Inc., No. 23-2501, __F.4th__, 2024 WL 3980839 (8th Cir. Aug. 29, 2024) (Before: Benton, Arnold, and Stras, Circuit Judges), the Eighth Circuit affirmed the district…
Third Circuit Holds Excess Pension Program is Not Governed by ERISA
In Weller v. Linde Pension Excess Program, et al., No. 23-1293, 2024 WL 3887275 (3d Cir. Aug. 21, 2024), the Third Circuit considered whether an excess pension program is governed…
Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claims in Class Action Against Northrop Grumman
Baleja v. Northrop Grumman Space and Mission Systems Corp. Salaried Pension Plan, et al., No. 22-56042, 2024 WL 3858720 (9th Cir. Aug. 19, 2024) (Before: Tashima, Graber, and Christen, Circuit…
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…
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