President Obama calls for increase in NLRB and FMCS budgets *

USA - April 11 2013
President Obama's proposed fiscal year 2014 budget calls for a 2% increase in spending for the NLRB over the year before. Much of that 2% increase…

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Court declines to follow Amara Dicta on surcharge and denies plaintiff’s claim for reimbursement for denied medical procedure under ERISA § 502(a)(3) *

USA - March 14 2013
In Plambeck v. The Kroger Co., et al., No. CIV. 11-5054-JLV (D.S.D. Mar. 11, 2013), Plaintiff underwent back surgery that she believed to be covered…

Co-authors: Megan E. Troy .

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Another indication of skepticism towards “stock drop” cases – District Court requires evidence that alleged breach of fiduciary duty caused plaintiffs’ loss at pleading stage *

USA - February 7 2013
In Metyk v. KeyCorp, No. 10-CV-2112 (N.D. Ohio Jan. 29, 2013), Judge Donald C. Nugent of the Northern District of Ohio granted Keycorp's motion to…

Co-authors: Christopher Busey.

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D.C. Circuit upholds board’s order requiring company to share information on customers and pricing with union *

USA - December 5 2012
On December 4, 2012, in KLB Indust. Inc. v. NLRB, the D.C. Circuit Court of Appeals upheld a National Labor Relations Board ruling that an employer violated the National Labor Relations Act by failing to provide information to the union concerning the employer’s customers and pricing after telling the union that competition required the employer to seek wage reductions.

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Former CEO found individually liable for breach of fiduciary duty by failing to report accurate hours worked to multi-employer fund *

USA - October 11 2012
In a decision that serves as a good reminder of the potential for individual liability for plan fiduciaries, the Southern District of New York recently concluded that a former Chief Executive Officer was personally liable for repayment of approximately $216,000 in unpaid benefit contributions. 

Co-authors: John Duke .

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