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
January 13, 2008
U.S. Supreme Court Addresses the Role of Inherent Conflict in Level of Deference to be Accorded Plan Administrator.
Written by Steve Herman
January 13, 2008
U.S. Fourth Circuit Affirms Both Statutory and Article III Standing of Former Cashed Out Employees Who Remain “Participants” in Defined Contribution Benefit Plans.
Written by Steve Herman
January 13, 2008
U.S. Supreme Court Allows 502(a)(2) Action for Fiduciary Breach to Recover Losses to Participant’s Portion of 401(k) Plan.
Written by Steve Herman