In a decision watched closely by both employers and unions, a unanimous Supreme Court has resolved a thirty-plus year split among the circuit courts on the standards governing claims for retiree health-care benefits arising...more
This month's newsletter focuses on how Plan Trustees can appropriately settle ERISA breach of fiduciary duty claims in order to achieve "complete peace." The article provides a check list and discusses strategies for handling...more
Plan trustees often look to settle ERISA fiduciary breach claims brought against them as a way to put the past behind them. Assuming there is enough fiduciary liability insurance coverage available to pay the proposed...more
Editor's Overview -
As it is well known, in Cigna Corp. v. Amara, 131 S. Ct. 1866 (2011), the U.S. Supreme Court identified several forms of appropriate equitable relief that may be available under Section 502(a)(3) of...more
11/19/2014
/ ADEA ,
Choice-of-Venue ,
CIGNA v Amara ,
Compensatory Awards ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Employer Liability Issues ,
Equitable Estoppel ,
Equitable Relief ,
Equitable Surcharge ,
FSA ,
IRS ,
Life Insurance ,
Reformation ,
SCOTUS
Editor's Overview -
As the summer draws to a close, no one would fault you if you missed the Fourth Circuit's decision in Tatum v. RJR Pension Investment Committee, which was published on August 4th. However, plan...more
That was the sentiment expressed in a blistering dissent by Fourth Circuit Judge J. Harvie Wilkinson in the latest ruling in a lawsuit challenging the decision by the fiduicaries of the RJR 401(k) plan to liquidate two stock...more
Editor's Overview -
The end of the U.S. Supreme Court's term brought two significant ERISA decisions. The first concerns the standard of review that courts apply when evaluating ERISA stock-drop claims. As discussed...more
7/17/2014
/ Affordable Care Act ,
Burwell v Hobby Lobby ,
Contraceptive Coverage Mandate ,
Employee Retirement Income Security Act (ERISA) ,
Employer Mandates ,
FIfth Third Bancorp v Dudenhoeffer ,
Hobby Lobby ,
Mental Health Parity Rule ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
SCOTUS ,
Stock Drop Litigation
For over two decades, federal courts have embraced the so-called Moench presumption of prudence in ERISA stock-drop cases. Pursuant to that presumption, courts have routinely dismissed such claims absent allegations in a...more
Editor's Overview -
In this month's issue, our authors address severance benefit claims and ERISA disclosure requirements. In our first article, Joe Clark addresses whether a plan administrator should conduct an...more
6/16/2014
/ Affordable Care Act ,
Disclosure Requirements ,
Employee Retirement Income Security Act (ERISA) ,
Employee Rights ,
Employer Liability Issues ,
Evidentiary Rulings ,
Hiring & Firing ,
Plan Administrators ,
Reporting Requirements ,
Settlement ,
Severance Agreements ,
Severance Pay
As Amy Covert and Aaron Feuer discuss below, the U.S. Supreme Court granted certiorari in Heimeshoff v. Hartford Life & Accident Insurance Co. where it is expected to rule next term on whether plan sponsors may dictate in the...more
7/12/2013
/ Affordable Care Act ,
Certiorari ,
Compensation & Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fees ,
Form 720 ,
Hartford Life and Accident Insurance Company ,
Heimeshoff v. Hartford Life & Accident Insurance Co. ,
Insurance Industry ,
PCORI ,
SCOTUS ,
Statute of Limitations
This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more
5/13/2013
/ 403(b) Plans ,
Affordable Care Act ,
Class Action ,
Class Certification ,
Comcast v. Behrend ,
Damages ,
Disclosure Requirements ,
Employee Retirement Income Security Act (ERISA) ,
Heimeshoff v. Hartford Life & Accident Insurance Co. ,
IRS ,
Multiemployer Plan ,
Pensions ,
Private Equity Funds ,
SCOTUS ,
Statute of Limitations ,
Sun Capital Partners ,
Transparency ,
Waivers
Today, the U.S. Supreme Court issued its ruling in U.S. Airways, Inc. v. McCutchen in which the Court unanimously ruled that a clearly drafted reimbursement clause will trump all equitable defenses....more
Editor's Overview - The importance of clear and unambiguous plan language cannot be overstated. The Second Circuit recently applied this well-established principle to conclude that a plan's administrative claims process must...more