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Third Circuit Holds Excess Pension Program is Not Governed by ERISA

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…

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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…

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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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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,…

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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…

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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…

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