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What's New in ERISA Litigation?

December 22, 2006

District Court Finds that Claims Against Insurance Broker for Failure to Procure ERISA-Compliant Bonds is Not Preempted.

Written by Steve Herman
June 13, 2006

Third Circuit Reverses Denial of Long-Term Disability Benefits as Arbitrary and Capricious in the Absence of Specific Findings by the Administrator.

Written by Steve Herman
March 31, 2006

Courts in the Second Circuit Reaffirm the Test for Fiduciary Status as a Bi-Furcated Test; Status Can Be Predicated on Either the Granting or the Exercise of Discretionary Authority.

Written by Steve Herman
January 13, 2006

Divided Tenth Circuit Panel Concludes that Third-Party’s Benefits Determination is Entitled to Deference.

Written by Steve Herman
January 13, 2006

Supreme Court Effectively Overrules Great-West.

Written by Steve Herman
January 13, 2006

Fourth Circuit Rejects Breach of Fiduciary Duty Claim For Mismanagement of 401(k) Plan.

Written by Steve Herman
January 13, 2006

Supreme Court Holds That Claims for Payment of Workers’ Compensation Premiums Do Not Receive Priority Under the U.S. Bankruptcy Code.

Written by Steve Herman
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