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Apr 3, 2014

US Supreme Court takes up ERISA fiduciary duty case

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.

Feb 7, 2014

BRIEFS FOR THE BRIEFS WRITER: Notices of appeal: The finality saga continues

This column’s main mantra for appeals is to appeal from any decision, order or judgment which could reasonably be construed as “appealable.”

Sep 26, 2013

DOMA guidance could spur litigation wave

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.

Jun 6, 2013

Analysis: Employees must keep beneficiary designations updated

It’s fair to assume Warren Hillman never intended that the proceeds of his federal employee life insurance policy would go to his ex-wife when he died unexpectedly in 2008.

Nov 21, 2012

Insurance – ERISA — disability benefits

11-1295 & 11-1427 Raybourne v. Cigna Life Insurance Co. of New York

Sep 5, 2012

Employment – ERISA — retaliation

11-3291 George v. Junior Achievement of Central Indiana, Inc.

Aug 29, 2012

Employment — ERISA

10-3524 Schorsch v. Reliance Standard Life Ins. Co.

Jul 31, 2012

Employment – ERISA — delegation

12-1230 Aschermann v. Aetna Life Ins. Co.

Jul 10, 2012

Employment – ERISA — disability

10-1136 Marantz v. Permanente Medical Group, Inc.

Apr 19, 2012

Employment – ERISA — statutory penalties

11-1112 Killian v. Concert Health Plan

Mar 7, 2012

ERISA plans may offset child’s Social Security benefits, says 7th Circuit

Employee benefit plans could reduce long-term disability benefits by the amount of Social Security disability benefits received by the plan participants’ dependent children, the 7th Circuit has ruled in affirming judgment.

Mar 2, 2012

Employment — ERISA

11-2889 Schultz v. Avaiall, Inc Long Term Disability Plan


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