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Third Circuit Holds that duPont Family Did Not Create an ERISA Retirement Plan for Certain Domestic Employees

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…

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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…

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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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