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Seventh Circuit rejects novel DOL position in affirming summary judgment for retirement plan service provider in revenue sharing class action

USA - May 2 2013 May 1, 2013 -- In an important appellate victory for the industry in the longrunning series of so-called "revenue sharing" cases, the United States…

Co-authors: Michael Valerio, John Pitblado.


Supreme Court finds equitable defenses do not override ERISA plan terms

USA - April 18 2013 April 18, 2013 -- On April 16, 2013, the United States Supreme Court decided US Airways, Inc. v. McCutchen, et al, finding that equitable defenses…

Co-authors: Jim Sconzo, Jonathan Sterling.


Second Circuit finds jurisdiction under ERISA to decide insurer's counterclaim for overpaid plan benefits

USA - March 14 2013 On March 13, 2013, the United States Court of Appeals for the Second Circuit decided Thurber v. Aetna Life Insurance Company, et al, and aligned…

Co-authors: Jim Sconzo, Jonathan Sterling.


Second Circuit vacates class certification order in long-running ERISA retirement plan "revenue sharing" case

USA - February 9 2012 This week, the United States Court of Appeals for the Second Circuit vacated a Connecticut federal district court order certifying a class of 401(k) plan trustees in the long-running Haddock

Co-authors: Michael Valerio, John Pitblado.


Seventh Circuit again finds that sponsor's offering of retail mutual funds in defined-contribution plan does not run afoul of ERISA duties

USA - September 12 2011 Following its earlier holding in Hecker v. Deere & Co., 556 F.3d 575 (7th Cir. 2009), the United States Court of Appeals for the Seventh Circuit has again rejected ERISA breach of fiduciary duty claims brought against a plan sponsor by plan participants challenging the sponsor's offering of "retail" mutual funds as investment options in its defined-contribution retirement plan.

Co-authors: Michael Valerio.

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