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Court dismisses ERISA case concerning investments in mortgage-backed securities

Williams Mullen
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USA
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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

Bill filed to replace franchise tax with business privilege tax

Williams Mullen
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USA
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March 27 2013

North Carolina's franchise tax has been criticized as complicated and difficult to understand. The taxpayer must make three separate computations in

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

Williams Mullen
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USA
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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

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

Williams Mullen
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USA
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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

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

Williams Mullen
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USA
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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

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

Williams Mullen
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USA
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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

The strategic importance of ERISA preemption in wrongful termination cases: Swindler v. Ben Lippen School and Columbia International University

Williams Mullen
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USA
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November 20 2012

In Swindler v. Ben Lippen School and Columbia International University, No. 3:12-CV-2314-CMC, the U.S. District Court for the District of South Carolina remanded a case back to state court after the plaintiff amended his complaint to assert only claims arising under state law and waived all claims arising under ERISA

New case illuminates the boundary between severance pay and a severance plan to which ERISA would apply

Williams Mullen
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USA
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October 24 2012

The U.S. District Court for the Northern District of Texas has provided guidance to determine when a severance agreement will fall within the scope of ERISA

Salt alert: North Carolina corporate income and franchise tax developments

Williams Mullen
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USA
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October 22 2012

The Court of Appeals has affirmed in part and reversed in part the decision of the North Carolina Business Court in Delhaize America, Inc. v. Lay (lower court decision: 2011 NCBC 2 (Jan. 12, 2011

Seventh Circuit allows retaliation claim by complaining plan participant

Williams Mullen
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USA
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September 19 2012

The U. S. Court of Appeals for the Seventh Circuit revived a former employee’s retaliation lawsuit against his employer even though his claim was based on an informal, unwritten inquiry about his retirement benefits

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