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25 Feb 2012, 3:51 am
Plaintiff was a commissioned securities broker for Wachovia Corporation, and a participant in Wachovia’s Long Term Disability Plan (“the Plan”). [read post]
3 Aug 2020, 7:50 am
The ruling spotlights the sometimes-thorny conflict issues that can arise in ERISA litigation. [read post]
20 Jan 2009, 10:07 pm
” The number of Fair Labor Standards Act (FLSA) class actions outnumbered all other employment-related private suits. [read post]
18 Jan 2017, 6:40 am
The Supreme Court reversed on the basis that the Ninth Circuit imposed too low of a burden on plaintiffs when attempting to show that the ERISA fiduciaries should have done something to halt the decline in [read post]
11 Jan 2023, 3:03 am
Defendants represented plaintiffs in a federal action seeking recovery under section 515 of the Employee Retirement Income Security Act of 1974 (ERISA), 29 USC§ 1145 (the underlying action). [read post]
4 May 2008, 4:21 am
The defendants moved to dismiss all but one cause of action of the complaint based on the preemption of federal ERISA laws.In granting defendants' motion dismissing the plaintiff's consequential damages claim that was based on New York case law, the federal court noted that the insurance contract in Bi-Economy did not "relate to" employee benefit plans. [read post]
24 Nov 2022, 8:51 am
Even though you may be the beneficiary of a life insurance policy, it is possible that you will not be entitled to all or any of the death benefit. [read post]
7 Jul 2012, 9:26 pm
Since the earliest days of ERISA, the EBSA as well as private plaintiffs have aggressively enforced these and other fiduciary responsibility rules. [read post]
7 Oct 2020, 7:37 am
ERISA has a broad preemption provision, preempting “any and all State laws insofar as they may now or hereafter relate to any employee benefit plans. [read post]
4 Oct 2011, 6:26 am
This area of the law, like many others, is one where plaintiffs – who unlike the defendants may rarely be involved in such cases – also benefit from retaining a “repeat player. [read post]
10 Apr 2018, 8:28 am
Supreme Court’s Darden test for IC status under ERISA. [read post]
27 Mar 2012, 7:00 am
To serve as lead plaintiff, you must apply to be appointed by April 24, 2012. [read post]
21 Sep 2011, 4:44 am
An award for all other relief to which the plaintiff may be entitled. [read post]
20 Apr 2018, 1:21 pm
Plaintiff’s administrative appeal was denied and she filed this ERISA lawsuit. [read post]
20 Apr 2018, 1:21 pm
Plaintiff’s administrative appeal was denied and she filed this ERISA lawsuit. [read post]
5 Jan 2009, 4:18 am
Copyright © 2009, All rights reserved [lawprofessors.typepad.com]Cole v. [read post]
25 Jun 2014, 11:38 am
The Court seemed to reject the DOL’s request as Amicus Curiae to rule on whether the presumption of prudence exists at all. [read post]
19 Dec 2018, 9:27 am
“Nondisclosure is the most common issue in all these cases,” Feinberg argued. [read post]
1 Jun 2020, 3:31 pm
In the circumstances of this case, the fiduciaries are unlikely to bring a claim against themselves, and the federal government in its amicus brief stated that the Secretary of Labor cannot ensure compliance by all ERISA fiduciaries. [read post]
11 Oct 2012, 1:29 am
The IBM Case In the plan participant class action against IBM, the plaintiffs alleged that IBM’s conversion of a traditional pension plan to a cash balance pension plan violated ERISA. [read post]
