What's New in ERISA Litigation?

May 18, 2015

U.S. Supreme Court Recognizes Continuing Duty for Limitations Purposes on Breach of Fiduciary Duty Claims

Written by Steve Herman
December 28, 2013

U.S. Supreme Court Holds that a Plan May Reasonably Shorten the Limitations Period

Written by Steve Herman
January 13, 2013

U.S. Supreme Court Rejects Equitable Make Whole Doctrine in Defense of Reimbursement Claim according to the Terms of a Self-Funded Plan.

Written by Steve Herman
December 3, 2012

Sixth Circuit Holds that Presumption of Prudence Does Not Apply at the Pleading Stage.

Written by Steve Herman
June 20, 2012

Ninth Circuit Holds that Claim Administrator Must Specifically Identify a Particular Fund to Secure an Equitable Lien.

Written by Steve Herman
January 13, 2012

Ninth Circuit Creates Split with Third Circuit, finding that the “Fiduciary Exception” to Attorney-Client Privilege Should be Extended to Insurers Administrating Benefit Plans, as ERISA Fiduciaries.

Written by Steve Herman
January 13, 2012

Seventh Circuit Finds that Unsolicited, Informal Complaints Constitute a Protected “Inquiry” under Section 510.

Written by Steve Herman
January 13, 2011

U.S. Supreme Court holds that Statements in an SPD Cannot be Enforced as Terms of the Plan; but Plan Can be Reformed, in the event of a fiduciary breach, as a form of Appropriate Equitable Relief.

Written by Steve Herman
January 13, 2010

A Participant Who Achieves “Some Degree of Success on the Merits” May Be Entitled to an Award of Attorneys’ Fees.

Written by Steve Herman
February 24, 2009

District Court Orders ChevronTexaco to Pay Benefits to Misclassified Employees.

Written by Steve Herman