Karkare v. International Ass’n of Bridge, Structural, Ornamental & Reinforcing Iron Workers Local 580, No. 22-2874, __ F.4th __, 2025 WL 1618132 (2d Cir. June 9, 2025) (Before Circuit Judges Sullivan, Robinson, and Kahn)
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Ninth Circuit Rules That Claim Releases Must Be Specially Scrutinized to Prevent Fiduciary Abuse
Schuman v. Microchip Technology Inc., No. 24-2624, 24-2978, __ F. 4th __, 2025 WL 1584981 (9th Cir. Jun. 5, 2025) (Before Circuit Judges Thomas, Fletcher, and Smith, Jr.)
Waivers and releases of federal claims, including ERISA claims, are not…
Court Awards DuPont Employees $9 Million in Attorneys’ Fees in Kantor & Kantor Win
Cockerill v. Corteva, Inc., No. CV 21-3966, 2025 WL 1523002 (E.D. Pa. May 27, 2025) (Judge Michael M. Baylson).
Although it was a slow week in general for ERISA cases in the federal courts, it was a big week for…
Sixth Circuit Holds that Blue Cross Blue Shield of Michigan Acted as Fiduciary in Alleged Overpayment and Clawback Scheme
Tiara Yachts, Inc. v. Blue Cross Blue Shield of Mich., No. 24-1223, __ F. 4th __, 2025 WL 1453273 (6th Cir. May 21, 2025) (Before Circuit Judges Murphy, Davis, and Bloomekatz)
Allegations of opaque and self-dealing fee schemes have…
Ninth Circuit Upholds Award of Residential Treatment Benefits in Kantor & Kantor Victory
Dan C. v. Directors Guild of America – Producer Health Plan, No. 24-3203, __ F. App’x __, 2025 WL 1419920 (9th Cir. May 16, 2025) (Before Circuit Judges Owens, Bennett, and H.A. Thomas)
This week’s notable decision is an…
Sixth Circuit Allows New Hampshire to Pursue Regulatory Action Against BlueCross BlueShield of Tennessee
BlueCross BlueShield of Tennessee v. Nicolopoulos, No. 24-5307, __ F. 4th __, 2025 WL 1338242 (6th Cir. May 8, 2025) (Before Circuit Judges Kethledge, Larsen, and Mathis)
Fertility rates have been declining in the United States for decades and…
Second Circuit Rules That Terminated Plan Is Eligible for COVID Assistance Funds
Board of Trustees of Bakery Drivers Loc. 550 & Indus. Pension Fund v. Pension Benefit Guar. Corp., No. 23-7868, __ F.4th __, 2025 WL 1226844 (2d Cir. Apr. 29, 2025) (Before Circuit Judges Robinson, Pérez, and Nathan)
On March…
Your ERISA Watch – Week of April 30, 2025
It was a slow week for ERISA cases in the federal courts last week, with no standout decision. However, the courts did touch on some interesting topics, including whether a health insurance plan has a fiduciary duty to negotiate with…
The Supreme Court Unanimously Rules that Section 408 Exemptions Are Affirmative Defenses
Cunningham v. Cornell Univ., No. 23-1007, __ S. Ct. __, 2025 WL 1128943 (U.S. Apr. 17, 2025)
As Your ERISA Watch readers probably know, ERISA litigation often entails a surprising number pf peculiar, court-created rules not applied in any…
Your ERISA Watch – Week of April 16, 2025
By Emily Payson
After the flood of end-of-reporting-period decisions issued over the past several weeks, the tide has turned. This week we report on only eight cases. So relax and enjoy reading this week’s short but interesting selection of ERISA decisions, including one…