Court dismisses ERISA case concerning investments in mortgage-backed securities *

USA - April 16 2013
The U. S. Court of Appeals for the Second Circuit has affirmed the dismissal of a case brought against Morgan Stanley Investment Management Inc…

Co-authors: Robert W. Shaw.

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The Second Circuit finds a crucial limitation in the Moensch presumption for retirement plan fiduciaries *

USA - March 25 2013
In Taveras v. UBS AG, No. 12-1662 (2d Cir. February 27, 2013), the U. S. Court of Appeals for the Second Circuit reviewed the dismissal of a…

Co-authors: Robert W. Shaw.

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Retirement plan plaintiffs were not required to exhaust administrative remedies before filing their class action *

USA - February 22 2013
The Second Circuit has held that a putative class of ERISA plaintiffs was not required to exhaust a plan's administrative remedies prior to filing…

Co-authors: Robert W. Shaw.

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Fourth Circuit holds that plan administrators’ alleged fiduciary breach based on 401(k) plans’ fund selection is time-barred *

USA - January 23 2013
The Fourth Circuit rejected the claims of a putative class action brought on behalf of participants of two retirement plans sponsored by Bank of…

Co-authors: Robert W. Shaw.

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The emerging frontiers for equitable remedies under ERISA in the Fourth Circuit: Moon v. BWX Technologies *

USA - December 18 2012
The U.S. Court of Appeals for the Fourth Circuit continues to build out the boundaries of ERISA’s equitable remedies, which have expanded in the Fourth Circuit in the wake of the U. S. Supreme Court’s decision in CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011).

Co-authors: Robert W. Shaw.

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