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Employee Retirement Income Security Act (ERISA) › Appellate Courts › Appeals

Carlton Fields

Eleventh Circuit Vacates Jury Award in Favor of Insurer Where Unjust Enrichment Claim Is Subject of Express Insurance Contract

Carlton Fields on

In MONY Life Insurance Co. v. Perez, the Eleventh Circuit Court of Appeals set aside a jury verdict in favor of MONY Life Insurance Co. on its unjust enrichment claim against policyholder Bernard Perez, holding that an...more

Proskauer - Employee Benefits & Executive...

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

Proskauer - Employee Benefits & Executive... on

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

Epstein Becker & Green on

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

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - November 2023

Skadden, Arps, Slate, Meagher & Flom LLP on

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

Holland & Knight LLP on

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

Morrison & Foerster LLP - Left Coast Appeals

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

Morrison & Foerster LLP - Left Coast Appeals on

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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