The U.S. Supreme Court on April 17, 2025, issued a greatly anticipated decision in which the justices unanimously held that plaintiffs alleging a prohibited transaction under Section 1106(a)(1)(C) of the Employee Retirement...more
4/23/2025
/ Affirmative Defenses ,
Appeals ,
Article III ,
Cost-Shifting ,
Cunningham v Cornell University ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Federal Rules of Civil Procedure ,
Fiduciary ,
Fiduciary Duty ,
Pleading Standards ,
Prohibited Transactions ,
Retirement Plan ,
Rule 11 ,
Sanctions ,
SCOTUS ,
Standing
The Employee Retirement Income Security Act (ERISA) prohibits employers who offer health and welfare benefit plans from discriminating against plan participants on the basis of a health status-related factor, such as a...more
12/3/2024
/ Anti-Discrimination Policies ,
Benefit Plan Sponsors ,
Compliance ,
Department of Labor (DOL) ,
Discrimination ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Employer Liability Issues ,
Fiduciary ,
Loper Bright Enterprises v Raimondo ,
Pending Litigation ,
Plan Participants ,
Putative Class Actions ,
Tobacco ,
Tobacco-Cessation ,
Wellness Programs
The U.S. Supreme Court recently granted a petition for a writ of certiorari to review the U.S. Court of Appeals for the Second Circuit's decision in Cunningham v. Cornell University, 86 F.4th 961 (2d Cir. 2023). In doing so,...more
In Halperin v. Richards, the U.S. Court of Appeals for the Seventh Circuit considered whether the Employee Retirement Income Security Act of 1974 (ERISA) preempted certain state-law corporate liability claims against officers...more
8/24/2021
/ Breach of Duty ,
Business Valuations ,
Commercial Bankruptcy ,
Conflicts of Interest ,
Corporate Liability ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
ESOP ,
Fiduciary ,
Financial Adviser ,
Preemption ,
State Law Claims
The U.S. District Court for the Eastern District of Pennsylvania recently joined several other courts in finding that the Employee Retirement Income Security Act (ERISA) permits co-fiduciaries to assert counterclaims for...more