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Appellate Courts › Employee Retirement Income Security Act (ERISA)

Verrill

Preparing for “Untoward Practical Results”—Implications and Action Items for ERISA Attorneys Following Cunningham v. Cornell...

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The U.S. Supreme Court’s recent decision Cunningham v. Cornell University, 145 S.Ct. 1020 (2025) significantly lowers the pleading standard for prohibited transaction claims under Section 406(a) of the Employee Retirement...more

Proskauer - Employee Benefits & Executive...

Seventh Circuit Affirms that Employer’s Withdrawal Liability Cannot Be Based on Post-Rehabilitation Plan Contribution Increases

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We recently reported on a district court decision holding that the Central States Pension Fund’s calculation of withdrawal liability should not have included contribution rate increases imposed after the Fund’s implementation...more

Epstein Becker & Green

To Some, It’s About ERISA—to Everyone, It’s About Not Having to Plead Affirmative Defenses - SCOTUS Today

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Notwithstanding its mounting backlog, the U.S. Supreme Court resolved only one case today, an unsurprising unanimous decision in Cunningham v. Cornell University....more

Morris, Manning & Martin, LLP

A Plan Win in an ESG Case … For the Most Part

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A New York Appellate court affirmed a dismissal of a fiduciary breach claim against the New York City Employees’ Retirement System, Teachers’ Retirement System of the City of New York, and Board of Education Retirement System...more

Mintz

The Demise of the Chevron Doctrine Begins to Impact ESG Jurisprudence

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Last week, the Fifth Circuit Court of Appeals vacated and remanded the appeal from a lower court's decision upholding the Biden Administration's Department of Labor rule enabling ERISA plans to consider ESG factors, ordering...more

Rivkin Radler LLP

Insurance Update - May 20 2024

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Careening race cars, missing diamonds, and gold treasure provide some of the backdrop for insurance issues that courts had to decide this past month. We begin in Pennsylvania where the state’s high court reined in some loose...more

Carlton Fields

Ringmaster’s Review: Fall 2023 Litigation on Parade

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In Ross v. Venerable Insurance & Annuity Co., a Missouri appellate court reversed judgment in favor of the named beneficiary of a flexible premium deferred annuity contract. Following the annuitant’s death, the beneficiary...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - November 2023

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Fourth Circuit Holds That Class Action Waiver Issue Must Be Decided Before Certification and Questions Narrow Issue Classes - In In re Marriott International, Inc., 78 F.4th 677 (4th Cir. 2023), a panel of the U.S. Court...more

Holland & Knight LLP

Tenth Circuit Dismisses Claims Related to High-Cost Funds, High Recordkeeping Fees

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The U.S. Court of Appeals for the Tenth Circuit issued its decision in Matney v. Barrick Gold of North America, et al. on Sept. 6, 2023, finding that participants in an employer-sponsored defined contribution retirement plan...more

Jackson Lewis P.C.

Second Circuit Grants Fund’s Audit Request Well Beyond CBA Coverage

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In a decision that bodes poorly for unionized employers, the U.S. Court of Appeals for the Second Circuit recently held that a union benefit fund was contractually entitled to conduct an audit whose scope far exceeded the...more

Goodwin

ERISA Litigation Update - July 2022

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Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more

Jackson Lewis P.C.

Tenth Circuit Affirms Damages Based On Revenue Credit, And Makes Clear That Arms-Length Service Agreements Without Evidence Of A...

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On appeal following a bench trial of claims brought by a class of participants and beneficiaries of a 401(k) plan, the Tenth Circuit affirmed the decision of the District of Colorado calculating damages and prejudgment...more

Pillsbury - Policyholder Pulse blog

Ninth Circuit Rejects “Improper Erosion” Argument, Rejects Excess Carrier’s Refusal to Acknowledge Exhaustion of Underlying...

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Last month, the U.S. Court of Appeals for the Ninth Circuit awarded Pillsbury client Northrop Grumman a significant appellate victory, reversing an adverse decision from the U.S. District Court for the Central District of...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Employees, Independent Contractors, and ERISA

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This week, this Ninth Circuit once again issued a number of opinions arising from the employment relationship. Here, we focus on two of particular interest. In the first, the Court sought to unravel whether an emergency room...more

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