In a decision illustrating the importance of a deferential standard of review in an ERISA plan document, the Second Circuit affirmed the dismissal of severance claims by a disabled employee, concluding that the complaint pled facts showing that the denial
ERISA Litigation Advisor
News and Insights on the latest ERISA litigation trends for employers
The ERISA Litigation Advisor blog, published by Jackson Lewis P.C., focuses on legal developments and litigation trends related to the Employee Retirement Income Security Act (ERISA). It covers topics such as fiduciary duties, excessive fee litigation, forfeiture disputes, health plan fee challenges, and prohibited transaction claims. The blog analyzes court decisions, circuit splits, and Supreme Court activity affecting ERISA class actions and fiduciary breach claims. It also addresses practical implications for plan sponsors and fiduciaries, including compliance strategies and risk management in retirement and health benefit plans.
Latest from ERISA Litigation Advisor - Page 5
Attorney-Client Privilege in ERISA Matters
A most basic precept of the law is the attorney-client privilege. A litigant being able to speak freely and completely with his or her counsel without the fear of the conversation being revealed has been a cornerstone of American jurisprudence.…
Allegedly Misclassified Independent Contractor Cannot Sue Under ERISA
A California district court recently foreclosed a former independent contractor’s claims for benefits from ERISA-governed plans when it found that plaintiff was not a “participant” as defined by ERISA and thus did not have statutory standing to assert his ERISA…
Heightened Litigation Risk Is Not A Basis to Shield Attorney-Fiduciary Communications in 401(k) Litigation
A Massachusetts district court recently ordered defendants in an ERISA fiduciary breach case to produce certain communications with their in-house and outside counsel, rejecting defendants’ argument that the communications occurred in the context of attorneys advising a 401(k) plan’s sponsor…
Supreme Court Vacates Seventh Circuit Decision in Fee Case, But Reiterates Rigorous Pleading Standard Applies
Yesterday, the Supreme Court issued its unanimous decision in Hughes v. Northwestern University, No. 19-1401, just one of more than 150 similar class action suits filed around the country in the last few years. The case was brought by retirement plan participants…
Eleventh Circuit Highlights Importance of Unambiguous Disclaimers in SPDs
The Eleventh Circuit recently affirmed an Alabama district court’s decision granting summary judgment in favor of Allstate Insurance Company in a consolidated ERISA class action challenging Allstate’s decision to stop paying premiums on retired employees’ life insurance policies. Klaas v.…
Sixth Circuit Panel Member Questions Basis For Remand to ERISA Plan Administrator
When a district court faces a claim for benefits under ERISA Section 502(a)(1)(B) where it believes that mistakes were made, but the record is not sufficiently developed to award benefits, the court may remand the matter to the plan administrator…
AMA and AHA Seek to Enjoin Certain Provisions of the No Surprises Act’s Implementing Rule
In December 2020, Congress passed the “No Surprises Act” (NSA) as part of the Consolidated Appropriations Act of 2021. The NSA applies most commonly in situations where a patient receives out-of-network medical services from a provider to whom the…
Eighth Circuit: District Court Improperly Resolved Factual Disputes on Summary Judgment in ERISA Benefits Case, But Error Harmless
In Avenoso v. Reliance Standard Life Insurance Company, No. 21-1772, 2021 U.S. App. LEXIS 35264 (8th Cir. Nov. 30, 2021), the Eighth Circuit clarified its position in a circuit split over the proper judicial procedure for deciding ERISA benefits cases.…
Supreme Court Struggles to Apply “Twiqbal” in Retirement Plan Fee Cases
Today, the Supreme Court heard oral arguments in Hughes v. Northwestern University, No. 19-1401, just one of about 150 similar class action suits filed around the country in the last few years. The case was brought by retirement plan participants…