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What's New in ERISA Litigation?

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
January 13, 2009

Fifth Circuit Vacates Denial of Benefits for Failure to Employ Appropriate Claim Review Process.

Written by Steve Herman
January 13, 2008

Second Circuit Court of Appeals Refines Abuse of Discretion Standard in Light of Glenn.

Written by Steve Herman
January 13, 2008

Third Circuit Allows Employee to Maintain Equitable Estoppel Action for Restitution of Promised Benefits under Section 502(a)(3).

Written by Steve Herman
January 13, 2008

Seventh Circuit Affirms Trial Court’s Rejection of Breach of Fiduciary Claims by Trust Against Third-Party Administrator.

Written by Steve Herman