Seeking to resolve a rather lopsided circuit split, the justices of the U.S. Supreme Court seem poised to support a requirement that employees alleging breach of fiduciary duty overcome a pleading-stage presumption that employee stock plan fiduciaries acted with prudence.Read More »
Recent guidance issued by the Department of Labor could trigger litigation over a new concern: whether private business owners with religious objections to gay marriage can be required to extend employment benefits to their employees’ same-sex spouses in states where such unions are not recognized.Read More »
Insurance ERISA; self-reported symptoms limitation The failure to include a self-reported symptoms limitation in the summary plan description (“SPD”) prevents an ERISA plan from relying on it to discontinue benefits. “Here, the SPD clearly sets out that long-term benefits will ...Read More »
Insurance ERISA; facility-of-payment clauses Where a life insurance policy contained a facility-of-payment clause, it did not violate ERISA for the insurer to pay the proceeds to the insured’s children. “Under the arbitrary and capricious standard, we overturn the administrator’s decision ...Read More »
ERISA Equity Although ERISA does not give district courts authority to reform a pension plan, relief is authorized by sec. 502(a)(3), which allows a participant, beneficiary, or fiduciary “to obtain other appropriate equitable relief” to redress violations of ERISA “or ...
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