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Results: 11-20 of 53

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

  • Williams Mullen
  • -
  • 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

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

  • Williams Mullen
  • -
  • 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

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

  • Williams Mullen
  • -
  • 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

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

  • Williams Mullen
  • -
  • 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

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

  • Williams Mullen
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

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