Dismissal of ACA Lawsuit Based Only on Standing Grounds -
Seyfarth Synopsis: In Texas v. California, the Supreme Court rejected another challenge to the Affordable Care Act (“Obamacare” or “ACA”). The Court never reached...more
Seyfarth Synopsis: A federal district court denied a motion to dismiss an ERISA complaint that was based in large part on secondhand “information and belief” allegations about the defendants’ business operations. The...more
Seyfarth Synopsis: Administrators of ERISA plans frequently receive requests from participants, beneficiaries, and their representatives for plan-related documents. A recent decision from the Court of Appeals for the Fifth...more
12/3/2019
/ Beneficiaries ,
Corporate Counsel ,
Document Management ,
Document Requests ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Failure to Produce ,
Fiduciary Duty ,
Form 5500 ,
Multiemployer Plan ,
Pensions ,
Plan Administrators ,
Plan Documents ,
Retirement ,
Retirement Plan ,
Statutory Penalties ,
Statutory Violations
Seyfarth Synopsis: The Court of Appeals for the Seventh Circuit recently held that once a multi-employer pension fund accelerates withdrawal liability periodic payments into a lump sum liability, there is no statutory...more
The Seventh Circuit has stymied an EEOC attempt to declare that employer wellness plans violate the Americans with Disabilities Act (“ADA”). The court decided that the issues raised by the suit are moot, and deferred to...more
On January 25, 2016, in Amgen, Inc. v. Harris, 2016 WL 280886, the Supreme Court sent a strong message to the lower courts, plaintiffs and ERISA fiduciaries that pleading standards for breach of fiduciary duty prudence claims...more
Two recent Supreme Court decisions, and a recent Sixth Circuit analysis on remand from the Supreme Court, offer a roadmap of sorts on ERISA litigation. In both decisions, the Supreme Court did away with presumptions, and at...more
Many asset buyers believe that, as long as they do not agree to ERISA Section 4204’s sale of assets exception to withdrawal liability, they will acquire the seller’s assets free and clear of any prior contribution history and...more
8/8/2015
/ Asset Purchaser ,
Buyers ,
Corporate Counsel ,
Employee Retirement Income Security Act (ERISA) ,
Multiemployer Plan ,
Pension Funds ,
Sale of Assets ,
Sellers ,
Successor Liability ,
Withdrawal ,
Withdrawal Liability