News & Analysis as of

Summary Judgment Employee Benefits Misrepresentation

Orrick, Herrington & Sutcliffe LLP

Court dismisses Ohio pension fund’s securities suit against Freddie Mac

On August 29, the U.S. District Court for the Northern District of Ohio granted summary judgment to Freddie Mac and former executives, ending an investor suit brought by an Ohio state pension fund over alleged...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor - October 2020: Second Circuit Allows Breach of Fiduciary Duty Claim to Proceed Based on Misrepresentation...

Hinshaw & Culbertson LLP on

In Sullivan-Mestecky v. Verizon Communs. Inc., 961 F.3d 91 (2d Cir. 2020), the Second Circuit held that a claim under Section 502(a)(3) of ERISA could proceed, where the beneficiary pled that the plan and its agents...more

Robinson+Cole ERISA Claim Defense Blog

Second Circuit Speaks On When Ministerial Acts Can Breach a Fiduciary Duty

The Second Circuit recently held that alleged misrepresentations by a “ministerial” plan representative about plan benefits will not support a claim for breach of fiduciary duty if the SPD clearly provides “complete and...more

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