Court Decides Medical Center Plan is a Church Plan Under ERISA
Citing the Supreme Court decision regarding church plan cases and using a three-part test, a federal judge found the St....
Tag: ERISA
A Court and the DOL Weigh In on Cross-Plan Offsetting for Health Benefits
An appellate court decision and an amicus brief filed in the case by the Department of Labor (DOL) emphasize plan...
Court Rules for SunTrust Defense on Fiduciaries’ ‘Actual Knowledge’ Question
The district court found "the mere fact that the plan included the affiliated funds—and defendants were aware of that fact—is...
PBGC Updates ERISA Title IV Determination Instructions
The Pension Benefit Guaranty Corporation has published a new form and instructions with the goal of streamlining and simplifying the...
Pension Participants Claim ERISA Breaches in Dow DuPont Pension Transfer
In a new ERISA lawsuit seeking class action status, the plaintiffs claim their pension assets were disloyally and imprudently transferred...
Attorney Believes Supreme Court Will Side With Plaintiffs in DB Plan Case
"How does it make sense to say that if you are a dollar over-funded, there is no risk of harm...
50-Year Old Mortality Data Questioned in Latest ERISA Lawsuit
The mortality table in question, published in 1971, assumes 90% of Huntington Ingalls Industries’ employees are male and that 90%...
Appeals Court Again Cites Dudenhoeffer in Rejecting Stock Drop Suit
The decision out of the 8th Circuit ties together the influential Supreme Court decisions known as Fifth Third v. Dudenhoeffer...
In Sequoia Fund Lawsuit, Documented Process Saves Plan Fiduciaries
A federal court found plan fiduciaries acted with loyalty and prudence, and that plaintiffs failed to show the failure to...
Supreme Court Asked If Well-Funded Pensions Can Harm Participants
ERISA allows plan participants to sue to remedy demonstrable harms they have suffered as a result of fiduciary breaches. Less...
Settlement of MFS Excessive Fee Suit Includes Plan Design Changes
MFS has also agreed to pay $6,875,000 into a qualified settlement fund to resolve the claims of the court-approved class.
Supreme Court Takes on Intel Case About ‘Actual Knowledge’
The investment committee for two Intel Corporation retirement plans asked the court to determine whether the provision of plan documents,...
Supreme Court Denies Chevron Stable Value ERISA Litigation Review
Specifically, the petition for writ of certiorari asked the Supreme Court to answer the question: “In pleading a breach of...
An ERISA Litigation Conversation with Jerry Schlichter
Retirement plan investment and recordkeeping fees have fallen in the last 10 years, but ERISA litigator Jerry Schlichter says there...
Supreme Court Sees Four Appeals of ERISA Cases
ERISA attorney Marcia Wagner gives her take on the retirement plan lawsuits that have recently been appealed to the Supreme...
Opinions |
Participant Loans: A Fiduciary Storm Brewing?
Bruce Ashton, with Drinker Biddle & Reath, discusses the fiduciary risk defined contribution (DC) plan sponsors could face when participants...
Amended Complaint Coming in Neuberger Berman ERISA Suit
The judge determined that the plaintiffs’ allegations sufficiently suggest the prospect that a fiduciary breach occurred, and as a result...
Third-Party Litigation Funders and ERISA Suits
ERISA attorneys say it is not common to see third parties providing financial support to litigants in the retirement plan...
Vanderbilt 403(b) Decision Marks Emerging Data Issues for Fiduciaries
Under the terms of a recently revealed settlement agreement, Vanderbilt 403(b) plan fiduciaries will have to contractually prohibit recordkeepers and...
Ruling in ERISA Case Lets Adviser Partly off the Hook
A mixed-bag district court ruling in Colorado closely examines the investment policy statements and contracts which governed the relationship between...