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Tenth Circuit Holds Oklahoma’s Regulation of Pharmacy Benefit Managers Preempted by ERISA

ERISA’s notorious preemption clause is no more than a few lines of text. But it has a dramatic effect on the trillions of dollars flowing through ERISA pension and health plans in any given year. The U.S. Supreme Court has...more

California Court Refuses to Decertify Class Action Based on Ninth Circuit’s Decision in Wit

In Wit v. United Behavioral Health, the Ninth Circuit recently rejected a lower court’s order certifying a class of participants in a dispute over behavioral health guidelines used to process claims for benefits. A California...more

Splitting with Other Circuit Courts, the Ninth Circuit Revives an ERISA Prohibited Transaction Claim

ERISA’s prohibited transaction rules are notoriously complex and opaque. On August 4, 2023, the Ninth Circuit issued an important decision on those prohibited transaction rules that arguably conflicts with decision from the...more

Courts Address Participant Standing to Challenge Fees and Payments Received by Group Health Plan Service Providers

As we recently suggested, ERISA disputes over the fees and expenses charged to employer or union sponsored group health plans may well become the next wave in ERISA litigation. At minimum, the Consolidated Appropriations Act...more

Kraft Heinz Sues Aetna, Raising Novel ERISA Breach of Fiduciary Duty Lawsuit

On June 30, 2023, Kraft Heinz raised a novel ERISA breach of fiduciary duty lawsuit against Aetna, the former third-party administrator for its own group health plan. The case alleges that Aetna improperly managed Kraft’s...more

Ninth Circuit Dismisses Claim on Behalf of Welfare Benefit Plan for Lack of Article III Standing

Just this month, the Ninth Circuit revisited the relationship between ERISA and Article III constitutional standing, recently addressed by the U.S. Supreme Court in Thole v. U.S. Bank, 140 S. Ct. 1615. In Winsor v....more

Actuarial Equivalence Fight Goes to the First Circuit

Yet another battle in the actuarial equivalence fight has just been resolved—and is immediately headed for appellate review. In Belknap v. Partners Healthcare System, Inc., the Plaintiff argued that the annuity payment he...more

Court Allows Antitrust Lawsuit by UnitedHealth to go Forward

One of the more fascinating developments in group health plan law has been the growth of antitrust claims by group health plans against drug manufactures who allegedly agree to delay the production of generic drugs once a...more

DOL Warns 401(k) Plan Fiduciaries about Cryptocurrency Investments

Investments in Cryptocurrencies such as Bitcoin and Ethereum are becoming more and more mainstream. Driven by outrageous returns, and presenting outrageous volatility and risk, both traditional institutional and individual...more

Sanctions Hit U.S. Pension Plans

Early reports suggested that a pension fund for Kentucky teachers lost approximately $13 million invested in Sberbank, one of Russia’s largest banks. The pension plan quickly refuted these stories, reporting that the plan...more

Ninth Circuit Opens Door to Claims by Out of Network Providers

Lawsuits by out-of-network medical providers against ERISA plans and their third party administrators rank as one of the most common ERISA-type cases being raised these days. In these cases, out-of-network medical providers...more

District Court Issues First Post-Northwestern University 401(k) “Fee” Decision

Just this month, the Supreme Court issued its much anticipated decision in Northwestern University, the first time the Court has been called upon to examine a lawsuit alleging that a 401(k) plan’s investment and fees were...more

Supreme Court Give Plaintiffs a Narrow Win in 401(k) Fee Case

Since the first round of cases were filed in 2006, plaintiffs’ counsel have raised hundreds of lawsuits challenging the prudence of fees and investments in 401(k) plans. One of the critical issues in those cases is what needs...more

Coronavirus Lawsuits More Than Double In 2021; Those Against Healthcare Providers Steadily Increase

Despite widespread vaccine availability and the corresponding optimism about returning to “normal,” the coronavirus pandemic continues to spawn hundreds of employment and health-related lawsuits. Many of these lawsuits have...more

Coronavirus Lawsuits Against Healthcare Providers are on the Rise

Among its many impacts, the coronavirus pandemic has already spawned hundreds of employment and health-related lawsuits, with even more litigation likely as businesses continue to bring back workers and increase operations....more

The “War” Between Out-of-Network Providers and Insurers Spreads Into COVID-19 Territory

ERISA litigators know that a war has been raging between “out-of-network” medical providers, on one hand, and the entities that insure and administer group health plans, on the other (collectively, “Insurers”). For years,...more

ERISA Plan Investment Management in a Time of Market Disruption

COVID-19 has shocked the markets, resulting in massive losses for 401(k) plans, defined benefit plans, and other ERISA-governed pension plans.  Turbulent economic times will almost certainly continue. ERISA fiduciaries find...more

Employer Stock Roundtable

We had a great client Dorsey Roundtable on March 24, 2016 to discuss employer stock in retirement plans. It’s been a few years now since the 2013 blockbuster opinion from the Supreme Court (back when they had 9 justices) in...more

The Supreme Court Once Again Visits The Employer Stock Dispute — Amgen, Inc. v. Harris

Background — fiduciary obligations vs. ERISA’s specific nod to employer stock. Courts have long struggled to determine how to reconcile ERISA’s rules explicitly allowing participants in defined contribution plans to invest in...more

The Supreme Court Narrowly Defines an ERISA Plan’s Right to Subrogation in Montanile v. Board of Trustees of Nat. Elevator...

Most ERISA group health plans have subrogation terms – that is, terms allowing the plan to recover benefits paid to injured participants who later recover a tort settlement for their injuries. These subrogation claims are...more

Supreme Court Rejection of Duty of Prudence Presumption—What Does it Mean for Retirement Plans?

On June 25, 2014, the Supreme Court, in a unanimous decision, ruled in Fifth Third Bancorp v. Dudenhoeffer that there is no “presumption” of prudence extended to fiduciaries of employer stock ownership plans (“ESOPs”) in...more

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