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What's New in ERISA Litigation?

January 13, 2006

Second Circuit Requires SPD to Provide Sufficient Notice to Participants with respect to their Burden to Establish a Claim for Additional Benefits under the Plan.

Written by Steve Herman
January 13, 2006

Sixth Circuit Affirms Fiduciary Status with Respect to Control Over Plan Assets, Even in the Absence of “Discretionary Authority”.

Written by Steve Herman
January 13, 2006

Third Circuit Clarifies “Date of Last Action” under Unisys and the “Fraud or Concealment” Discovery Rule.

Written by Steve Herman
January 13, 2006

The D.C. Circuit Agrees with Most Other Circuits that Discretion is Not a Prerequisite to Fiduciary Status where the Alleged Fiduciary Exercises Control Over Plan Assets.

Written by Steve Herman
January 13, 2006

Sixth Circuit Clarifies, Declines to Overrule Yard-Man “Inference” that Retiree Health Benefits Negotiated under a Collective Bargaining Agreement Are Vested.

Written by Steve Herman
May 19, 2005

Tenth Circuit joins Third, Eighth and Ninth Circuits that authority or control over plan assets does not have to be “discretionary”.

Written by Steve Herman
May 13, 2005

The Sixth Circuit finds that breach of fiduciary duty claims for improper processing emergency-medical-treatment claims are excused from the exhaustion requirement under the futility exception.

Written by Steve Herman
January 13, 2005

Third Circuit rejects Milofsky and concludes that participants in 401(k) plan who suffered losses may bring suit under Section 502(a)(2).

Written by Steve Herman
January 13, 2005

District Court allows suit for breach of fiduciary duty brought by plan participant against plan’s PBM to proceed.

Written by Steve Herman
January 13, 2005

Equitable set-off of attorneys fees against pension benefits of participant asserting unsuccessful claim under ERISA Section 502(a)(1).

Written by Steve Herman