News & Analysis as of

Employee Retirement Income Security Act (ERISA) Employee Benefits Putative Class Actions

Seyfarth Shaw LLP

Drugmaker Sued for…Overpaying for Drugs? Lawsuit Ushers in Expected Wave of Welfare Fiduciary Litigation

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The first complaint was filed in what is expected to be a wave of litigation alleging breach of fiduciary duty in selecting and monitoring welfare plan vendors. While the facts of this particular case may make it somewhat...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Common Issues and ERISA Assignment

This week, the Ninth Circuit considers when common issues predominate in wage-and-hour litigation and analyzes the assignment of the right to sue for nonpayment of benefits under ERISA. MILES v. KIRKLAND'S STORES, INC....more

Carlton Fields

Expect Focus - Volume I, January 2024

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Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which...more

Robinson+Cole Class Actions Insider

Rules Enabling Act Key to New Ninth Circuit Decision on Class Certification

A sometimes-overlooked aspect of class action law is how class certification rules interact with the Rules Enabling Act, which provides that rules of procedure and evidence “shall not abridge, enlarge or modify any...more

Alston & Bird

Class Action & MDL Roundup 2022 Q2: Directing physical loss and damage

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2022. In this edition, fail-safe classes fail, consumers smoke a motion to dismiss, and you can’t bring...more

Holland & Knight LLP

Court Compels Proposed ESOP Class to Individual Arbitration Based on Plan Document

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Historically, courts around the country have approached the enforceability of class action waivers and arbitration provisions in ESOP and Employee Retirement Income Security Act of 1974 (ERISA) plan documents differently,...more

Robinson+Cole ERISA Claim Defense Blog

Sixth Circuit Rejects Arbitration Of Certain ERISA § 502(a)(2) Claims, Ruling That Employee Consent To Arbitration May Not Bind...

In Hawkins v. Cintas Corp., No. 21-3156, __ F.4th __, 2022 WL 1236954 (6th Cir. Apr. 27, 2022), the U.S. Court of Appeals for the Sixth Circuit ruled that an arbitration clause contained in certain individual employment...more

Jackson Lewis P.C.

ERISA 401(k) Performance And Fee Litigation Dismissed For Failure To Provide Comparable Benchmark

Jackson Lewis P.C. on

The District Court for the Southern District of Iowa recently dismissed an ERISA putative class action lawsuit challenging 401(k) performance and fees after plan participants failed to identify appropriate benchmarks in their...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit Enforces Forum Selection Clause in 401(k) Plan

On April 1, 2021, the Ninth Circuit became the third circuit court to conclude that a forum-selection clause in an ERISA 401(k) plan is enforceable. The Ninth Circuit thus denied a petition for mandamus seeking to overturn a...more

Holland & Knight LLP

Court Dismisses Putative COBRA Class Action Brought Against Southwest Airlines Board of Trustees

Holland & Knight LLP on

Carter v. Southwest Airlines Co. Board of Trustee, Case No. 8:20-cv-1381-WFJ-JSS (M.D. Fla.) was one of the latest cases in which a healthcare-plan beneficiary attempted to bring claims based upon alleged technical...more

Groom Law Group, Chartered

Big Win for Employer in Actuarial Equivalence Case – Class Certification Denied

The U.S. District Court for the Northern District of Texas dealt a major blow to the putative class action Torres v. American Airlines, Inc., finding that the four named plaintiffs are not adequate class representatives for...more

Holland & Knight LLP

The Latest Decisions in Actuarial Equivalent Lawsuits

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In an opinion issued in Smith v. Rockwell Automation, Inc., et al., No. 19-C-0505 (E.D. Wis.) on Feb. 10, 2020, U.S. District Judge Lynn Adelman denied Rockwell Automation's motion to dismiss a putative class action complaint...more

Seyfarth Shaw LLP

Stunning Development — The Ninth Circuit Enforces an ERISA Plan Arbitration and Class Action Waiver Provision

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Seyfarth Synopsis: Reversing course and overruling previous precedent, the Court of Appeals for the Ninth Circuit now holds that ERISA plan mandatory arbitration and class action waiver provisions are enforceable, and can...more

Dechert LLP

Arbitrable But Not Capricious: Ninth Circuit Upholds Arbitration Requirement Under ERISA

Dechert LLP on

In Dorman v. Charles Schwab Corp., the U.S. Court of Appeals for the Ninth Circuit held on August 20, 2019 that claims under the Employee Retirement Income Security Act of 1974 (“ERISA”) can generally be subject to mandatory...more

Robinson+Cole ERISA Claim Defense Blog

Irreconcilable Differences: In Dorman v. Charles Schwab Corp., Ninth Circuit Overrules 35-Year-Old Authority; Concludes ERISA...

The Ninth Circuit recently issued two decisions in Dorman v. Charles Schwab Corp.: the first overrules the decision in Amaro v. Continental Can. Co., 724 F.2d 747 (9th Cir. 1984) (Dorman, – F.3d –, No. 18-15281, 2019 WL...more

Seyfarth Shaw LLP

The Third Circuit Carries On The Judicial Debate Over The Level Of Specificity Needed In An ERISA Fee Complaint

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Synopsis: A new Third Circuit decision has allowed an ERISA fee complaint to stand even though there were no specific allegations of fiduciary errors in the process of selecting investment options and fees. ...more

Carlton Fields

Circuit Court Rules Insurance Agents Are Not “Employees” Under ERISA

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The identity crisis appears to be over for one insurer using independent contractors. In Jammal v. American Family Insurance Co., the Sixth Circuit reversed the district court and held that a putative class of insurance...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes ERISA Claims Against Advisor Firm in Putative Class Action

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed the putative class active brought against T. Rowe Price Group by current and former employees alleging the firm breached its fiduciary duty by favoring its own financial...more

Carlton Fields

Ninth Circuit Holds Putative Class Action ERISA Claims Fall Outside Scope of Individual Arbitration Agreements

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Plaintiffs, current and former employees of the University of Southern California (“USC”), were participants in two USC-sponsored ERISA contribution plans. In order to participate in the plans, individual employees were...more

Seyfarth Shaw LLP

The Ninth Circuit Addresses Whether To Enforce An Agreement To Arbitrate ERISA Claims

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Seyfarth Synopsis: The Ninth Circuit declined to enforce an agreement to arbitrate ERISA Section 502(a)(2) claims, but did not rule out enforcement in other ERISA claim contexts....more

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