Fourth Circuit: Company Manifested Intent to be Bound by CBA and Is Subject to Exit Contributions under ERISA
Fourth Circuit: Company Manifested Intent to be Bound by CBA and Is Subject to Exit Contributions under ERISA
In Bd. of Trustees, Sheet Metal Workers’ Nat’l Pension Fund v. Four-C-Aire, Inc., No. 20-2181, __F.th__, 2022 WL 2963188 (4th Cir. July 27, 2022), the Board of Trustees for the…
Sixth Circuit Revives 401(k) Mismanagement Claim Against TriHealth
In Forman v. TriHealth, Inc., No. 21-3977, __F.4th__, 2022 WL 2708993 (6th Cir. July 13, 2022), a putative ERISA class action brought by participants of TriHealth Inc.’s 401(k) plan, the…
D.C. Circuit Vacates Withdrawal Liability Arbitration Award Based on Application of Risk-Free Discount Rate
United Mine Workers of Am. 1974 Pension Plan v. Energy W. Mining Co., No. 20-7054, __F.4th__, 2022 WL 2568025 (D.C. Cir. July 8, 2022) (Before: Rao and Walker, Circuit Judges,…
D.C. Circuit: District Court Retains Jurisdiction to Enforce Permanent Injunction Against Employer and Retirement Plan
On June 24, 2022, in a short unpublished opinion, the D.C. Circuit Court of Appeals decided Kifafi v. Hilton Hotels Retirement Plan, et al., No. 21-7025, 2022 WL 2280296 (D.C.…
Ninth Circuit Revives ERISA Excessive Fees Suit Against Trader Joe’s Company
Just a week after reviving ERISA breach of fiduciary duty claims against Salesforce, the Ninth Circuit revived an excessive fees case against Trader Joe's Company in Kong, et al. v.…
Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claim Against Salesforce for 401(k) Plan Investments
In Davis, et al. v. Salesforce.com, Inc., et al., No. 21-15867, 2022 WL 1055557 (9th Cir. Apr. 8, 2022), Plaintiffs-Appellants alleged that Defendants breached their ERISA duty of prudence with…
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