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.

Tagged with: Anthony Kennedy ERISA

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

Tagged with: Appeals ERISA U.S. Supreme Court

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.

Tagged with: Defense of Marriage Act Department of Labor DOMA ERISA Michael Best & Friedrich same-sex marriage U.S. Supreme Court

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.

Tagged with: ERISA Gregg Herman Loeb & Herman Sonia Sotomayor U.S. Supreme Court

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

Tagged with: 7th Circuit Digest Civil Digest Disability benefits ERISA Insurance Digest

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

Tagged with: 7th Circuit Digest Civil Digest Employment Digest ERISA

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

Tagged with: 7th Circuit Digest Civil Digest Employment Digest ERISA

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

Tagged with: 7th Circuit Court of Appeals Civil Digest Employment Digest ERISA

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

Tagged with: 7th Circuit Digest Civil Digest Disability Employment Digest ERISA

11-1112 Killian v. Concert Health Plan

Tagged with: 7th Circuit Digests Civil Digest Employment Digest ERISA

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.

Tagged with: ERISA

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

Tagged with: 7th Circuit Digest Civil Digest Employment Digest ERISA

10-3286 Central States, Southeast and Southwest Areas Pension Fund v. Waste Management of Michigan, Inc.

Tagged with: 7th Circuit Digest Civil Digest Employment Digest ERISA

In Wisconsin, the made-whole doctrine has provided the insured with a legal right to pursue money from a tortfeasor to cover his or her losses.

Tagged with: ERISA McCoy Law Group Supreme Court

10-1521 Burns v. Orthotek, Inc., Employees’ Pension Plan and Trust

Tagged with: 7th Circuit Digest Civil Digest Employment Employment Digest ERISA

09-4081 & 10-1755 Loomis v. Exelon Corp.

Tagged with: Breach of fiduciary duty Employment ERISA

Employment ERISA; attorney fees

Tagged with: 7th Circuit Digest Attorney fees Civil Digest Employment Employment Digest ERISA

Employment ERISA; offsets

Tagged with: 7th Circuit Digest Civil Digest Employment Employment Digest ERISA

Employment ERISA; class actions; attorney fees

Tagged with: 7th Circuit Digest Attorney fees Civil Digest Class actions Employment Employment Digest ERISA

Employment ERISA; estoppel

Tagged with: 7th Circuit Digest Civil Digest Employment Employment Digest ERISA estoppel

Employment ERISA

Tagged with: 7th Circuit Digests Civil Digest Employment Employment Digest ERISA

Employment ERISA

Tagged with: 7th Circuit Digest Civil Digest Employment Employment Digest ERISA

Employment ERISA

Tagged with: 7th Circuit Digest Civil Digest Employment Employment Digest ERISA

Employment ERISA; LMRA

Tagged with: 7th Circuit Digest Civil Digest Employment Employment Digest ERISA

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 ...

Tagged with: 7th Circuit Digest Civil Digest ERISA Insurance Insurance Digest

Insurance ERISA

Tagged with: Civil Digest ERISA Insurance Insurance Digest WI Supreme Court Digest

Employment ERISA; deference

Tagged with: 7th Circuit Digest Civil Digest Employment Employment Digest ERISA

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 ...

Tagged with: 7th Circuit Digest ERISA Insurance Insurance Digest

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 ...

Tagged with: ERISA

Securities ERISA; affiliated purchasers A corporation’s profit sharing plan cannot claim a share of the settlement of a securities fraud action. “[T]he Plan is an affiliate of Motorola and on this basis is excluded from the class, although we arrive ...

Tagged with: ERISA Securities