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Employee Retirement Income Security Act (ERISA) › Statute of Limitations › Preemption

Proskauer - Employee Benefits & Executive...

District Court Holds Withdrawal Liability Claim Not Barred by Employer’s Dissolution

Proskauer - Employee Benefits & Executive... on

In Central States, Southeast & Southwest Areas Pension Fund v. Sheets Enterprise, No. 24 cv 2277 (N.D. Ill.), a district court held that an employer could not avoid being held liable for withdrawal liability simply because it...more

Morgan Lewis - ML Benefits

Legal Support for Protesting Employees: ERISA Considerations

Morgan Lewis - ML Benefits on

Amid the current climate of individuals engaging in protests for racial justice and other causes, some employers are looking for ways to help employees arrested in connection with exercising their first amendment rights to...more

Proskauer - Employee Benefits & Executive...

ERISA Doesn’t Preempt Nevada Law Limiting General Contractors’ Obligations To Pay Delinquent Contributions

Proskauer - Employee Benefits & Executive... on

The Ninth Circuit recently held that ERISA does not preempt a Nevada state law that curtailed the ability of multiemployer plans to recover unpaid employer contributions. Under Nevada law SB 223, general contractors can be...more

Faegre Drinker Biddle & Reath LLP

ERISA Litigation: 5 Defenses to Know and Prepare For

Faegre Drinker Biddle & Reath LLP on

A ubiquitous presence in the federal courts, the Employee Retirement Income Security Act of 1974 (ERISA) regulates the administration of employee pension and welfare plans — otherwise defined as plans that provide employees...more

Stinson - Benefits Notes Blog

Not all Plans can Establish a Shortened Limitations Period for Filing Lawsuit

Stinson - Benefits Notes Blog on

I recently blogged about a case in which a plan had established a shorter period of time (one year deadline) for filing a lawsuit, rather than relying on the state statute of limitation (six years) which would otherwise have...more

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