fbpx

What's New in ERISA Litigation?

January 31, 2024

U.S. Fifth Circuit Finds that Service Provider is Not a Fiduciary Nor a Party-in-Interest When Entering Into Annuity Contract and Collecting a Surrender Fee

Written by Steve Herman
October 26, 2023

U.S. Magistrate Judge in the Southern District of Texas Recommends Certification of (b)(1) ERISA Class, Despite Challenges to Absent Class Member Standing and Adequacy of Representation

Written by Steve Herman
October 26, 2023

D.C. Circuit Court of Appeals Finds that “Fail Safe” Class Definitions Should Not Result in the Denial of Certification, Where the Issue is Merely One of Wording, and Not Substance

Written by Steve Herman
August 8, 2023

U.S. Ninth Circuit Affirms Welfare Plan Participant Standing to Assert Breach of Fiduciary Duty Claims while Reversing the Certification of a Denial-of-Benefits Class for the “Reprocessing” of Claims

Written by Steve Herman
August 8, 2023

U.S. Tenth Circuit Finds that Breach of Fiduciary Duty Claims Are Not Subject to Binding Arbitration Provisions in ERISA Plan which Purport to Foreclose the Right to Plan-wide Remedies

Written by Steve Herman
March 13, 2022

U.S. Fifth Circuit Affirms Long-Term Disability Benefits for Former Employee

Written by Steve Herman
January 24, 2022

U.S. Supreme Court Allows Beneficiaries to Go Forward in Breach of Fiduciary Duty Action for Imprudent Investment Options

Written by Steve Herman
December 29, 2021

In Non-ERISA Case, U.S. Fifth Circuit Reverses Summary Judgment for Carrier on Life Insurance Policy

Written by Steve Herman
November 7, 2021

U.S. Fifth Circuit Affirms Denial of Supplemental Life Insurance Benefits Based on Rejection of Enrollment by Insurance Company, Even Though Employer Continued to Deduct Paycheck for Premiums

Written by Steve Herman
April 8, 2021

Judge in Eastern District of Pennsylvania Certifies ERISA Breach of Fiduciary Duty Class re Allegedly Imprudent Investments

Written by Steve Herman