It’s an ERISA plan? District court construes group discount as employer contribution under DOL group insurance Safe Harbor analysis *

USA - February 15 2013
In a recent case presenting the issue whether a supplemental long-term disability ("LTD") policy was subject to ERISA under the DOL ("Safe Harbor")…

Co-authors: D. Ward Kallstrom.

Ninth Circuit: extends fiduciary exception to attorney-client privilege to insurers; holds district court failed to properly weigh plan administrator’s structural conflict of interest *

USA - October 31 2012
On September 12, 2012, the Ninth Circuit held that the fiduciary exception to the attorney-client privilege applies to insurance companies that serve as ERISA fiduciaries and plan sponsors.

Co-authors: Ronald J. Kramer.

The Sixth Circuit continues to entertain stock drop actions *

USA - July 31 2012
The Sixth Circuit has once again reversed the dismissal of a stock drop class action, this time rejecting claims that the presumption of prudence should apply at the pleading stage, that the ERISA Section 404(c) safe harbor should apply, and that the complaint generally failed to state a claim under Twombly and Iqbal. 

Co-authors: Ronald J. Kramer.

Well, at least we know they haven’t decided the issue. The Sixth Circuit refuses to decide whether ERISA’s fiduciary liability statute of limitations is tolled absent active concealment *

USA - May 1 2012
In Cataldo v. United States Steel Corp., No. 10-3583, the Sixth Circuit Court of Appeals affirmed a district court’s ruling that the claims of 225 current and former employees of U.S. Steel Corporation for breach of fiduciary duty were time-barred under ERISA’s applicable statute of limitations.

Co-authors: Ian H. Morrison .