April 17, 2025
U.S. Supreme Court Allows Allegations of Prohibited Transactions to Survive a Motion to Dismiss, Irrespective of the Exceptions that Might be Pleaded by the Defendant as Affirmative Defenses
Written by Steve Herman
September 27, 2024
U.S. Fifth Circuit Reverses District Court and Awards Benefits to ERISA Plan Participant for Hospitalization
Written by Steve Herman
July 30, 2024
U.S. Fifth Circuit Affirms Standing Beyond Participant’s Own Employer’s Plan for (b)(3) Class, While Reversing Certification of (b)(1) Class Where Primary Relief Sought is Damages
Written by Steve Herman
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
