Shortly after the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued its cybersecurity guidance for employee retirement plans and updated its audit inquiries to include compliance with these guidelines, a federal court in Chicago ruled an
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 6
Eighth Circuit: Procedural Irregularity Not a “Gateway” to De Novo Review of Administrator’s Decision to Deny Benefits
In McIntyre v. Reliance Standard Life Insurance Company, 972 F.3d 955 (8th Cir. 2020), the United States Court of Appeals for the Eighth Circuit clarified the standard of review to apply where there has been a denial of benefits challenged…
Court Rules Separation Agreement’s Covenant Not to Sue Bars ERISA Breach of Fiduciary Duty Claim on Behalf of Plan
In an order issued on October 15, 2021, United States District Judge Thomas W. Thrash from the Northern District of Georgia granted an employer’s Motion for Summary Judgment and ruled that plaintiff’s separation agreement with a release and covenant not…
Aon Defeats ERISA Class Action at Trial
On October 12, 2021, Aon Hewitt Investment Consulting, Inc. (“Aon”) defeated a class action in the Western District of North Carolina brought by nearly 250,000 current and former Lowe’s Companies, Inc. (“Lowe’s”) employees who were participants in Lowe’s 401(k) retirement…
Motion for Class Certification Denied: Plaintiff Who Released ERISA Claims Deemed Unfit to Lead Class
Can a former employee serve as a class representative for ERISA claims when she has signed a general release agreement and has waived her right to participate in class actions? According to a recent decision by the District Court for…
‘Segal Blend’ Withdrawal Liability Calculation Violates ERISA, Court Holds in Milestone Decision
The use of the “Segal Blend” to calculate a company’s withdrawal liability when it withdrew from a multiemployer pension plan violated the Employee Retirement Income Security Act (ERISA), as amended by the Multiemployer Pension Plan Amendments Act (MPPAA), because it…
Ohio District Court Dismisses ERISA 401(k) Performance and Fee Putative Class Action
The District Court for the Southern District of Ohio recently dismissed an ERISA putative class action lawsuit asserting fiduciary duty claims based on allegations of unreasonably high administrative fees and relatively higher-cost, underperforming funds offered in TriHealth, Inc.’s 401(k) plan…
401(k) Fee Class Action Against Oshkosh Corporation Dismissed with Prejudice
Recently, the United States District Court for the Eastern District of Wisconsin granted a Motion to Dismiss, dismissing ERISA breach of fiduciary duty claims, failure to monitor claims, and prohibited transaction claims in a putative class action involving Oshkosh Corporation’s…
Second Circuit Revives Share-Class Claim in NYU Retirement Plan Class Action
In Sacerdote v. New York University, a class of university employees who participated in Defendant’s 403(b) plans brought ERISA breach of fiduciary duty claims against Defendant, challenging the administration of its retirement plans. The district court dismissed two claims and…
Third Circuit Upholds Withdrawal Liability Arbitral Award Under MPPAA’s Evade or Avoid Provision
Under the provisions of the Employee Retirement Income Security Act (“ERISA”) as modified by the Multiemployer Pension Plan Amendments Act of 1980 (“MPPAA”), an employer who withdraws from a multiemployer pension plan is liable for their allocable share of any…