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
January 13, 2005
The Ninth Circuit holds that failure to comply with the time limitations imposed by 29 C.F.R. 2560.503-1(h) does not require de novo review; technical violations of the Act do not alter the standard of review unless they result in substantive harm.
Written by Steve Herman