Ninth Circuit Denies Writ of Mandamus Challenging Court’s Order to Transfer Case Pursuant to ERISA Plan’s Forum Selection Clause
Ninth Circuit Denies Writ of Mandamus Challenging Court’s Order to Transfer Case Pursuant to ERISA Plan’s Forum Selection Clause
In re Becker, No. 20-72805, __F.3d__, 2021 WL 1219745 (9th Cir. Apr. 1, 2021) (Before Siler, Rawlinson, and Bumatay). The Ninth Circuit denied Becker’s petition for a writ of mandamus…
Fifth Circuit Holds Project Completion Incentive Plan Is Not an ERISA Plan Due to Lack of Ongoing Administrative Scheme
In Atkins v. CB&I, L.L.C., No. 20-30004, __F.3d__, 2021 WL 1085807 (5th Cir. Mar. 22, 2021), a dispute involving a bonus payment to employees who worked until the completion of…
Failure to Challenge all Bases for a District Court’s Decision in the Court of Appeals Results in Affirmation
A recent decision out of the Sixth Circuit Court of Appeals is a good reminder of the importance of filing a comprehensive appeal if you are challening a district court's…
Second Circuit Compels Arbitration of ERISA Claims—Arbitration Agreement Is Enforceable with Scope of Claims Provision Severed
In American Family Life Assurance Company of New York v. Baker, et al., No. 20-1435, __F.App’x__, 2021 WL 772281 (2d Cir. Mar. 1, 2021), the Second Circuit considered the enforceability…
Tenth Circuit Finds Divorce Decree Is a Qualified Domestic Relations Order under ERISA
In Festini-Steele v. Exxonmobil Corporation, No. 20-1052, __F.App’x__, 2021 WL 629755 (10th Cir. Feb. 18, 2021), Plaintiff-Appellant Festini-Steele claims a Decree of Dissolution of Marriage (“Decree”) is a Qualified Domestic…
Sixth Circuit Reverses Judgment for Employer in Plan Contributions Dispute Due to Ambiguity of “Outside Telephone Work” In Supplement to CBA
In National Electrical Annuity Plan v. Henkels & McCoy, Inc., No. 20-1024, __F.App’x__, 2021 WL 567868 (6th Cir. Feb. 16, 2021), Plaintiff National Electrical Annuity Plan (“NEAP”) seeks over $350,000 in…
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