Tenth Circuit Affirms Award of Severance Benefits to Employee Whose Job Duties were Materially and Adversely Diminished Following a Change of Control
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…
Second Circuit Affirms Dismissal of ERISA Claims Due to Untimeliness
Perlman v. General Electric, et al., No. 24-514-CV, 2024 WL 4635235 (2d Cir. Oct. 31, 2024) (Before: Parker, Kahn, Circuit Judges, and Amon, District Judge). Eighteen years after she left…
Seventh Circuit Affirms Northrop Grumman Win in Class Action Dispute over ERISA Severance Benefits
In Carlson v. Northrop Grumman Severance Plan & Northrop Grumman Corporation, No. 22-1764, __F.4th__, 2023 WL 3299703 (7th Cir. May 8, 2023) (Before: Easterbrook, Hamilton, and Lee, Circuit Judges), the…
Fourth Circuit Finds Company Did Not Properly Eliminate ERISA Severance Plan Prior to Mass Layoff
Messer v. Bristol Compressors Int’l, LLC, No. 21-2363, 2023 WL 2759052 (4th Cir. Apr. 3, 2023) involves a class action under the Worker Adjustment and Retraining Notification Act of 1988…
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