Second Circuit Affirms Multiemployer Pension Plan’s Denial of Retirement Benefits Because Participant Did Not Separate from Covered Employment
Second Circuit Affirms Multiemployer Pension Plan’s Denial of Retirement Benefits Because Participant Did Not Separate from Covered Employment
In Aracich v. The Board of Trustees of The Employee Benefit Funds of Heat And Frost Insulators Local 12, et al., No. 22-2544-CV, 2023 WL 4692316 (2d Cir. July 24,…
Seventh Circuit Upholds Fund’s Denial of Disability Pension Benefits Under ERISA Due to Lack of Connection to a Workplace Injury
In Lane v. Structural Iron Workers Loc. No. 1 Pension Tr. Fund, No. 22-1149, __F.4th__, 2023 WL 4554097 (7th Cir. July 17, 2023), Plaintiff-Appellant Jeffery Lane sought a disability pension…
Ninth Circuit Affirms Defined-Benefit Plan Participant Lacks Standing to Bring Breach-of-Fiduciary-Duty Claims
The Ninth Circuit Court of Appeals recently decided an ERISA standing issue in Diaz v. Westco Chemicals, Inc., No. 22-55823, 2023 WL 3615663 (9th Cir. May 24, 2023). The district…
Sixth Circuit Reverses Employer Win on Benefit Funds’ Claim for Unpaid Benefit Contributions
In Trustees of Sheet Metal Workers Loc. 7 Zone 1 Pension Fund v. Pro Servs., Inc., No. 22-1566, 2023 WL 3029735 (6th Cir. Apr. 21, 2023), a suit brought by…
Third Circuit Holds New Jersey Transit Corporation Cannot be Sued for Disability Pension Benefits under ERISA Due to Governmental Plan Exemption
In Pue v. New Jersey Transit Corporation, No. 22-2616, 2023 WL 2930298 (3d Cir. Apr. 13, 2023), the pro se Plaintiff-Appellant Anthony Pue filed a lawsuit against New Jersey Transit…
D.C. Circuit Reverses Denial of Class Certification of “Fail-Safe” Class in ERISA Pension Dispute
In In re White, No. 22-8001, __F.4th__, 2023 WL 2763812 (D.C. Cir. Apr. 4, 2023), the D.C. Circuit granted interlocutory appeal under FRCP 23(f) of the district court’s denial of…
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