News & Analysis as of

Employee Retirement Income Security Act (ERISA) Employment Litigation Corporate Counsel

A&O Shearman

Supreme Court’s Cornell decision sets low pleading bar for ERISA claims

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In a decision poised to change the landscape of Employee Retirement Income Security Act of 1974 (“ERISA”) litigation, on April 17, 2025, the Supreme Court held in Cunningham et al. v. Cornell University et al. that a claimant...more

Pullman & Comley - Labor, Employment and...

Retirement Plan Update – Forfeitures are New Focus of Fiduciary Breach Litigation

Many employer-sponsored defined contributions plans, including 401(k) profit sharing plans and money purchase pension plans include a vesting schedule – a period over which a plan participant earns a nonforfeitable right to...more

Littler

Littler Lightbulb: December Employment Appellate Roundup

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This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court...more

Holland & Hart LLP

Tenth Circuit Weighs in on Reductions in Force: Takeaways for Employers

Holland & Hart LLP on

The Tenth Circuit affirmed summary judgment in favor of Spirit AeroSystems in a discrimination case related to a 2013 reduction-in-force (RIF). The plaintiffs had alleged that the company targeted older workers in a...more

UB Greensfelder LLP

What Employers Should Know About Tobacco Surcharge Litigation

UB Greensfelder LLP on

Tobacco surcharges have become the focus of class action litigation in recent months. Although corporate wellness programs are commonplace, employers that impose a tobacco surcharge (or other premium discount) in connection...more

Littler

Littler Lightbulb – July Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Littler

Seventh Circuit Case Confirms that “Full and Fair Review” of Disability Claims Requires Disclosure of New Evidence Before Denying...

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A recent federal appeals court case clarifies that, under ERISA, the regulations governing disability plans’ claims review procedures apply to claims that predate the 2018 changes to the regulations. The decision also serves...more

Fisher Phillips

The Top 14 Workplace Law Stories from January 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

5 Top Trends In Workplace Class Action Litigation: Trend #5 Class Certification Trends

Seyfarth Shaw LLP on

Seyfarth Synopsis: In our continuing coverage of the top trends found in Seyfarth’s 2021 Workplace Class Action Litigation Report, wage & hour litigation remained the sweet spot for the plaintiffs’ class action bar over the...more

Dorsey & Whitney LLP

COVID-19 Retaliation Claims - A 2020 Trend in Employment Litigation?

Dorsey & Whitney LLP on

Tracking the onslaught of new lawsuits filed in response to the COVID-19 crisis has demonstrated that three primary categories of plaintiffs are bringing these claims against companies... ...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation In 2019: #4 Lower Class Action Settlement Numbers In 2019

Seyfarth Shaw LLP on

Seyfarth Synopsis: As measured by the top ten largest case resolutions in various workplace class action categories, overall settlement numbers increased slightly in 2019, but as compared to the last several years, it was one...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #1 Class Certification Trends In 2019

Seyfarth Shaw LLP on

Seyfarth Synopsis: As detailed in our 2020 Workplace Class Action Litigation Report, 2019 was an interesting year for employers in terms of class certification rulings. Plaintiffs achieved the highest numbers of initial...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

Seyfarth Shaw LLP on

Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

Seyfarth Shaw LLP

Seyfarth’s 2020 Workplace Class Action Litigation Report Is Now Available!

Seyfarth Shaw LLP on

Seyfarth Synopsis: Seyfarth’s 16th Annual Workplace Class Action Litigation Report analyzes 1,467 rulings and is our most comprehensive Report ever at 800 pages....more

American Conference Institute (ACI)

[Event] ERISA Litigation – Valuable insights on how to prevent, manage and defend against rising, costly ERISA disputes - November...

Ensure that You are Equipped with the Latest Updates and Strategies to Prevent, Manage and Defend Against Rising, Costly ERISA Disputes - This annual event is your best opportunity to gain best practices for your everyday...more

Littler

Striking Down Decades-Old Precedent, Ninth Circuit Rules That ERISA Breach of Fiduciary Duty Claims May Be Arbitrated

Littler on

On August 20, 2019, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Dorman v. Charles Schwab Corp., overturning its 1984 position in Amaro v. Continental Can Co. that lawsuits filed...more

Seyfarth Shaw LLP

15th Annual Workplace Class Action Litigation Report

Seyfarth Shaw LLP on

Seyfarth Synopsis: At 852 pages, Seyfarth’s 15th Annual Workplace Class Action Litigation Report analyzes 1,453 rulings and is our most comprehensive Report ever. ...more

Faegre Drinker Biddle & Reath LLP

Defending Against Class Actions: Four Strategies for ERISA Litigation

They are the words in-house counsel dread to see in the caption of a new lawsuit: “on behalf of themselves and all others similarly situated.” ERISA class actions present special challenges and risks to plan sponsors and...more

Troutman Pepper Locke

January 2018 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper Locke on

There were six noteworthy cases in the area of independent contractor misclassification and compliance in January 2018 involving drivers of trucking companies, behavioral therapists, ride-sharing drivers, insurance agents,...more

Seyfarth Shaw LLP

Seyfarth’s 2018 Workplace Class Action Litigation Report Is Now Available!

Seyfarth Shaw LLP on

Seyfarth Synopsis: At 878 pages, Seyfarth’s 14th Annual Workplace Class Action Litigation Report analyzes 1,408 rulings and is our biggest and most voluminous Report ever. ...more

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