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Results: 11-20 of 45

Sixth Circuit case highlights potential traps for employee health care benefits: Clarcor, Inc. v. Madison National Life Insurance Company, Inc

  • Williams Mullen
  • -
  • USA
  • -
  • August 20 2012

In a case that highlights several potential problems in employee benefit plan design, the Sixth Circuit Court of Appeals in Clarcor, Inc. v. Madison National Life Insurance Company, Inc., No. 11-6177 (6th Cir. Jul. 31, 2012) (unpublished), held that an insurance policy covering certain health care costs for employees did not cover an employee once she was placed on short-term disability leave

North Carolina tax update

  • Williams Mullen
  • -
  • USA
  • -
  • July 23 2012

This North Carolina corporate income tax alert discusses developments from the recently concluded short session of the General Assembly

McCravy v. Metropolitan Life Insurance Co.: recognizing a broader scope for ERISA’s equitable remedies

  • Williams Mullen
  • -
  • USA
  • -
  • July 11 2012

The Fourth Circuit has reversed an earlier position and now recognizes a broader scope for equitable remedies available to ERISA plaintiffs following the U. S. Supreme Court’s decision in CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011

Exhaustion of plan remedies required for benefits claim: Woodard v. Fredericksburg Hospitalist Group, P.C.

  • Williams Mullen
  • -
  • USA
  • -
  • June 22 2012

In Woodard v. Fredericksburg Hospitalist Group, P.C., No. 1:12-cv-261 (E.D. Va. June 5, 2012), the U.S. District Court for the Eastern District of Virginia held that the plaintiff was required to exhaust the plan administrator’s internal claim process before pursuing her federal lawsuit to obtain ERISA benefits

Eleventh Circuit rules that Home Depot plan fiduciaries did not breach their duties related to the plan’s company stock fund: Lanfear v. Home Depot, Inc.

  • Williams Mullen
  • -
  • USA
  • -
  • May 21 2012

In Lanfear v. Home Depot, Inc., No. 10-13002 (11th Cir. May 8, 2012), the U.S. Court of Appeals for the Eleventh Circuit joined five other federal circuit courts in adopting a presumption that, in the absence of an abuse of discretion, retirement plan fiduciaries can comply with their duty of prudence when they continue to invest and hold plan assets in the plan’s employer stock investment option in compliance with plan directions

Retirement plans’ fiduciaries are found liable to plans for $36.9 million: Tussey v. ABB, Inc

  • Williams Mullen
  • -
  • USA
  • -
  • April 19 2012

In Tussey v. ABB, Inc., No. 2:06-cv-04305 (Western District of Missouri, March 31, 2012), a class action case brought by present and former employees of ABB, Inc., the U. S. District Court for the Western District of Missouri ruled that plan fiduciaries were liable for several breaches of fiduciary duty and ordered the respective defendants to pay a total of $36.9 million to compensate for losses to the plans

Fiduciary not liable for money damages in action to recover death benefits: Stocks v. Life Insurance Company of North America

  • Williams Mullen
  • -
  • USA
  • -
  • March 16 2012

A federal district court recently applied the U.S. Supreme Court’s decision in CIGNA Corp. v. Amara (2011), in a practical setting that illuminates both the range and the limits of the Supreme Court’s decision

Corporate spin-off and a new retirement plan did not violate employees’ rights under ERISA: Nauman v. Abbott Laboratories

  • Williams Mullen
  • -
  • USA
  • -
  • February 16 2012

The U. S. Court of Appeals for the Seventh Circuit has affirmed a trial judgment against a class of former employees of Abbott Laboratories (“Abbott”), ruling against their claim that Abbott used a corporate spin-off process to interfere with the employees’ rights to pension benefits under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and breached its fiduciary duties by failing to disclose the impact of the spin-off on the former employees’ pension benefits

Fourth Circuit upholds plan administrator's interpretation to deny disabled doctor's benefits claim

  • Williams Mullen
  • -
  • USA
  • -
  • January 18 2012

The U.S. Court of Appeals for the Fourth Circuit upheld a plan administrator’s interpretation of a long term disability plan and affirmed the denial of a disabled physician’s claim for benefits in Fortier v. Principal Life Insurance Company, No. 10-1441 (4th Cir. January 11, 2012

Fourth Circuit rules that retirement plan trustees’ failures must have causal link to plan losses in order to hold trustees liable

  • Williams Mullen
  • -
  • USA
  • -
  • December 14 2011

The U. S. Court of Appeals for the Fourth Circuit has ruled that retirement plan trustees cannot be held liable for failures to investigate the prudence of plan investments or to diversify those investments, unless there is a proven causal link between such fiduciary failures and losses to the retirement plan