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Employee Retirement Income Security Act (ERISA) › Split of Authority › Petition for Writ of Certiorari

Jackson Lewis P.C.

Supreme Court Shows Interest in ERISA Pleading Standard Circuit Split

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Earlier this year, ERISA fiduciary breach defendant Parker-Hannifin filed a petition for a writ of certiorari to the United States Supreme Court that, if granted, could settle a circuit split created by the Sixth Circuit...more

Holland & Knight LLP

Supreme Court Urged to Resolve Split on ERISA Standing Requirements in Excessive Fee Cases

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Chavez v. Plan Benefit Services, Inc., 108 F.4th 297 (5th Cir. 2024), began when three employees of a single employer sued the service providers of their health and welfare benefit plan for allegedly charging excessive fees...more

Holland & Knight LLP

The Law on ERISA Plan Arbitration Provisions Remains Unsettled

Holland & Knight LLP on

As previously discussed, courts continue to disagree over the enforceability of mandatory arbitration provisions containing class action waivers set forth in benefit plans governed by the Employee Retirement Income Security...more

Holland & Knight LLP

Circuit Split Remains on Availability of Equitable Relief from ERISA Co-Fiduciaries

Holland & Knight LLP on

The U.S. Supreme Court has denied a petition for certiorari in First Reliance Standard Life Insurance Company v. Giorgio Armani Corporation. Although the headlines typically come when the Supreme Court issues an opinion, its...more

Seyfarth Shaw LLP

Supreme Court Seeks Solicitor General’s Input on Scope of ERISA Preemption of State Rate Regulation of Pharmacy Benefit Managers...

Seyfarth Shaw LLP on

Seyfarth synopsis: Arkansas has sought certiorari on the question of the ability of states under the ERISA preemption clause to regulate the rates charged by PBMs, and the Supreme Court has asked for the input of the...more

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