High court issues half-victory for ERISA plan administrators — reinforcing the importance of clear, unambiguous plan terms *

USA - April 18 2013
On April 16, 2013, the Supreme Court issued its decision in US Airways v. McCutchen—a decision that can best be described as a half-victory for…

Co-authors: H. Douglas Hinson, Elizabeth Wilson Vaughan.

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Fourth Circuit joins Third Circuit in holding ERISA does not preempt post-distribution suits against beneficiaries *

USA - March 11 2013
The situation in Andochick is not at all uncommon when couples divorce: Scott Andochick and Erika Byrd were married. During the marriage, Erika…

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Claims spanning decades, ten subclasses no problem for ERISA class cert bid in Seventh Circuit *

USA - December 17 2012
In Johnsonv. Meriter Health Services Employee Retirement Plan, --- F.3d ----, 2012 WL 6013457 (7th Cir. Dec. 4, 2012), participants in a defined benefit plan sponsored by their employer, Meriter Health Services (“Meriter”), filed a putative class action under ERISA, alleging that they had not been credited with all pension benefits to which the plan entitled them.

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No good deed goes unpunished: fiduciaries may seek contribution from co-fiduciaries *

USA - November 14 2012
In Guididas, plaintiffs were participants of the Community National Bank Corporation (“CNBC”) Employee Stock Ownership Plan (the “Plan”).

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Ninth Circuit finds the “fiduciary exception” to the attorney-client privilege extends to insurance companies acting as fiduciaries to ERISA plans *

USA - October 2 2012
In a matter of first impression, the Ninth Circuit recently held that the attorney-client privilege does not apply to communications between an insurer and counsel before a claims decision is made.

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