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Benefit Plan Sponsors › Breach of Duty › Plan Administrators

Proskauer - Employee Benefits & Executive...

Second Circuit Rules ERISA Fiduciary-Breach Claims Are Outside the Scope of General Employment Arbitration Agreement

Proskauer - Employee Benefits & Executive... on

In response to the deluge of ERISA class action breach of fiduciary duty claims, plan sponsors and fiduciaries have increasingly sought to compel individual arbitration of such claims pursuant to arbitration clauses in...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

You may not need a committee, but you need something

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

When I worked at that semi-prestigious law firm on Long Island, I used to joke that if the Managing Attorney at the time (sorry Lois) wanted to kill an issue, she’d create a committee for it since a law firm committee would...more

Manatt, Phelps & Phillips, LLP

Litigating the Scope of ERISA’s ‘Catchall’ Civil Enforcement Provision

Manatt, Phelps & Phillips, LLP on

In recent Employee Retirement Income Security Act of 1974 (ERISA) litigation challenging benefit decisions by plan administrators and fiduciaries, litigants have been pleading closely related claims under multiple ERISA...more

ArentFox Schiff

Buyer Beware: Health Plans Need to Exercise Caution in Retaining Third-Party Administrators and Medical Claim Reviewers

ArentFox Schiff on

A federal court in Nebraska recently rejected a health plan’s fiduciary breach claims under the Employee Retirement Income Security Act of 1974 (ERISA) against third-party service providers, holding that the service providers...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

BB&T settles 401(k) lawsuit

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

With a planned merger with SunTrust, BB&T tied up a loose end by agreeing to a $24 million settlement on a class action lawsuit filed against them over their 401(k) plan....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Theater of the Absurd

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

Chutzpah is nerve, shameless audacity. The best example of chutzpah is someone who kills their parents and asks the court for leniency because they’re an orphan. I’ve been in this business of ours for the past 20 plus...more

Fisher Phillips

Lessons For Employers From Recent Fiduciary Litigation

Fisher Phillips on

There has been a surge of court decisions over the last year addressing fiduciary liability for welfare benefit plans under the Employee Retirement Income Security Act of 1974 (ERISA). These lawsuits should prompt you to...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - October 2015

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Editor's Overview - This month, we review the Second Circuit's ruling in New York State Psychiatric Ass'n, Inc. v. UnitedHealth Grp. wherein the Second Circuit ruled that: (i) a provider association has associational...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - December 2014

Proskauer Rose LLP on

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

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