In Operating Engineers’ Loc. 324 Fringe Benefit Funds v. Rieth-Riley Constr. Co., No. 21-1229, 2022 WL 3147929 (6th Cir. Aug. 8, 2022), Plaintiffs-Appellants are a group of employee benefit funds that sued Rieth-Riley Construction Company for late contributions under
Roberts Disability Law
Roberts Disability Law is a Bay Area law firm that represents California employees and insureds in disputes under the Employee Retirement Income Security Act (ERISA). The firm is particularly focused on claims for disability and life insurance benefits. Roberts Disability Law represents its clients in all stages of an insurance claim, including assistance with filing a claim, submitting a pre-litigation appeal, filing a lawsuit in federal district court, and filing an appeal in the Courts of Appeals. Roberts Disability Law is proud to be a woman- and minority-owned law firm.
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Seventh Circuit: Independent Investment Fiduciary Shields ESOP Fiduciaries from Liability for Investment in Company Stock
Burke v. Boeing Co., No. 20-3389, __F.4th__, 2022 WL 3030835 (7th Cir. Aug. 1, 2022) involves a lawsuit that seeks to hold fiduciaries of the Boeing Voluntary Investment Plan (the “Plan”), a 401(k) plan that Boeing sponsors for eligible…
Eleventh Circuit: Under De Novo Review of an ERISA Benefit Decision, District Court Cannot Limit Review to the “Administrative Record”
In Harris v. The Lincoln National Life Insurance Company, Lincoln Life Assurance Company of Boston, No. 21-13186, __F.4th__, 2022 WL 3009199 (11th Cir. July 29, 2022), the Eleventh Circuit issued an important evidentiary decision applicable to ERISA benefit claims.…
Fourth Circuit: Company Manifested Intent to be Bound by CBA and Is Subject to Exit Contributions under ERISA
In Bd. of Trustees, Sheet Metal Workers’ Nat’l Pension Fund v. Four-C-Aire, Inc., No. 20-2181, __F.th__, 2022 WL 2963188 (4th Cir. July 27, 2022), the Board of Trustees for the Sheet Metal Workers’ National Pension Fund filed suit against…
Ninth Circuit Holds ERISA Health Plan’s Self-Help Provision Is Enforceable
The Ninth Circuit Court of Appeals recently decided Mull v. Motion Picture Indus. Health Plan, No. 20-56315, __F.4th__, 2022 WL 2912475 (9th Cir. July 25, 2022). This matter involves a self-funded health plan’s years-long effort to recoup plan benefits…
First Circuit Construes Life Insurance Policy Ambiguities Against Reliance Standard and Affirms Over $1.1 Million Award to Widow
In Ministeri v. Reliance Standard Life Ins. Co., No. 21-1651, __F.4th__, 2022 WL 2914068 (1st Cir. July 25, 2022), following its sister circuits, the First Circuit Court of Appeals just handed Reliance Standard Life Insurance Company a loss in…
Ninth Circuit Holds Equitable Tolling and Equitable Estoppel Do Not Apply to Statute of Limitations in ERISA Case
In Serafin v. William C. Earhart Company Inc., et al., No. 20-35147, 2022 WL 2828223 (9th Cir. July 20, 2022) (Before: Schroeder, R. Nelson, and Vandyke, Circuit Judges), a short unpublished opinion, the court determined that the district court…
Ninth Circuit: ERISA Plan Must Arbitrate Dispute Against Its Claims Administrator
In Board of Trustees of The IBEW Local No. 640 And Arizona Chapter NECA Health and Welfare Trust Fund v. Cigna Health and Life Insurance Company, No. 21-16424, 2022 WL 2805111 (9th Cir. July 18, 2022), a short unpublished…
Fourth Circuit Revives Retirees Claim of Vested Retiree Life Insurance Coverage
In Bellon v. PPG Emp. Life & Other Benefits Plan, No. 21-1812, __F.4th__, 2022 WL 2760764 (4th Cir. July 15, 2022), a putative class action brought by retirees of PPG Industries against the PPG Employee Life and Other Benefits Plan,…
Sixth Circuit Revives 401(k) Mismanagement Claim Against TriHealth
In Forman v. TriHealth, Inc., No. 21-3977, __F.4th__, 2022 WL 2708993 (6th Cir. July 13, 2022), a putative ERISA class action brought by participants of TriHealth Inc.’s 401(k) plan, the participants allege that TriHealth breached its duty of prudence…