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Second Circuit Sides with Benefits Fund in Dispute with Employer over Scope of Payroll Audit

Second Circuit Sides with Benefits Fund in Dispute with Employer over Scope of Payroll Audit

New York State Nurses Ass’n Benefits Fund Through Buchanan v. Nyack Hosp., No. 20-378, __F.4th__, 2022 WL 3569296 (2d Cir. Aug. 19, 2022) involves a dispute between an employer, Nyack Hospital,…

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Seventh Circuit: Alight Solutions Must Respond to DOL Subpoena in Investigation of Cybersecurity Breaches

In Walsh v. Alight Solutions LLC, No. 21-3290, __F.4th__, 2022 WL 3334450 (7th Cir. Aug. 12, 2022), Defendant-Appellant Alight Solutions LLC, a company that provides administrative services for employers who…

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Sixth Circuit: In ERISA Suit for Late Benefit Fund Contributions, Presence of a Live Contract Is Not Necessary for District Court’s Jurisdiction

In Operating Engineers’ Loc. 324 Fringe Benefit Funds v. Rieth-Riley Constr. Co., No. 21-1229, 2022 WL 3147929 (6th Cir. Aug. 8, 2022), Plaintiffs-Appellants are a group of employee benefit funds…

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Eleventh Circuit: Under De Novo Review of an ERISA Benefit Decision, District Court Cannot Limit Review to the “Administrative Record”

In Harris v. The Lincoln National Life Insurance Company, Lincoln Life Assurance Company of Boston, No. 21-13186, __F.4th__, 2022 WL 3009199 (11th Cir. July 29, 2022), the Eleventh Circuit issued…

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Ninth Circuit Holds Equitable Tolling and Equitable Estoppel Do Not Apply to Statute of Limitations in ERISA Case

In Serafin v. William C. Earhart Company Inc., et al., No. 20-35147, 2022 WL 2828223 (9th Cir. July 20, 2022) (Before: Schroeder, R. Nelson, and Vandyke, Circuit Judges), a short…

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Ninth Circuit: ERISA Plan Must Arbitrate Dispute Against Its Claims Administrator

In Board of Trustees of The IBEW Local No. 640 And Arizona Chapter NECA Health and Welfare Trust Fund v. Cigna Health and Life Insurance Company, No. 21-16424, 2022 WL…

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