September 20, 2007
Sixth Circuit Rejects Participant Standing Under Section 502(a)(2) for Article III Purposes, But Confirms Standing under Section 502(a)(3) for Injunctive and Equitable Relief.
Written by Steve Herman
September 4, 2007
Third Circuit Rejects Requirement of “Proportionality” in Court-Awarded Fees.
Written by Steve Herman
August 23, 2007
Seventh Circuit Clarifies the Meaning of De Novo Review.
Written by Steve Herman
August 1, 2007
Fourth Circuit Affirms Decision in Favor of U.S. Air Officers and Directors in Breach of Fiduciary Duty Case.
Written by Steve Herman
January 13, 2007
The Sixth Circuit Allows Participant of Now-Defunct Plan to Sue under Section 502(a)(2).
Written by Steve Herman
January 13, 2007
Fifth Circuit Attempts to Square Sereboff with Great-West and Rejects Distinction Between Recovery from Fiduciaries and Non-Fiduciaries in Defining Appropriate Equitable Relief.
Written by Steve Herman
January 13, 2007
U.S. Magistrate Orders Employer to Produce Plan E-Data in Third Party’s Possession.
Written by Steve Herman
January 13, 2007
Tenth Circuit Employs Contra Proferentem to Construe Ambiguities Against Insurer where Review is De Novo.
Written by Steve Herman
January 13, 2007
Supreme Court Rejects Fiduciary Duty in Sponsor’s Decision to Terminate Plan Through Purchase of Annuity As Opposed to Merger with Multi-Employer Plan.
Written by Steve Herman
January 13, 2007
Sixth Circuit Rejects Plan Administrator’s Attempt to Change Basis for Denial of Benefits.
Written by Steve Herman