Eleventh Circuit Affirms Vacatur of Arbitration Award After Arbitrator Grants Relief on Unsubmitted ERISA Claim
Eleventh Circuit Affirms Vacatur of Arbitration Award After Arbitrator Grants Relief on Unsubmitted ERISA Claim
In Nalco Co. LLC v. Bonday, No. 22-13546, ---F.4th----, 2025 WL 1903042 (11th Cir. July 10, 2025), the Eleventh Circuit affirmed a district court’s decision to vacate an arbitration award…
First Circuit Affirms ERISA Preemption of Employee’s State Law Claims Over Severance Benefits
In Orabona v. Santander Bank, N.A., No. 24-1905, ---F.4th----, 2025 WL 1682819 (1st Cir. June 16, 2025), the First Circuit reaffirmed the broad preemptive reach of the Employee Retirement Income…
Sixth Circuit Upholds Denial of Severance Benefits; Denies ERISA Claimant Right to Jury Trial
In Kramer v. Am. Elec. Power Exec. Severance Plan, No. 24-3174, __F.4th__, 2025 WL 444923 (6th Cir. Feb. 10, 2025), the Sixth Circuit Court of Appeals considered a challenge brought…
Tenth Circuit Affirms Award of Severance Benefits to Employee Whose Job Duties were Materially and Adversely Diminished Following a Change of Control
In Hoff v. Amended and Restated Anadarko Petroleum Corp. Change of Control Severance Plan, et al., No. 23-1361, 2025 WL 400517 (10th Cir. Feb. 4, 2025), an ERISA-governed severance plan…
District Court Finds Twitter Executives May Alternately Plead an ERISA Claim Against Elon Musk for Breach of Fiduciary Duty and Surcharge for Interference with Plaintiffs’ Rights to Severance Benefits
In Agrawal, et al. v. Elon Musk, et al., No. 24-CV-01304-MMC, 2024 WL 4654442 (N.D. Cal. Nov. 1, 2024), California Northern District Judge Maxine M. Chesney denied Defendants’ 12(b)(6) Motion…
Fifth Circuit Affirms Denial of ERISA Severance Plan Benefits Where Plan Administrator Found No Good Reason for Resignation Following Acquisition
In Gift v. Anadarko Petroleum Corporation Change of Control Severance Plan, et al., No. 23-50862, 2024 WL 4689051 (5th Cir. Nov. 6, 2024), the court considered whether Anadarko Petroleum Corporation’s…
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