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Rulings, filings, and settlements of interest

Proskauer Rose LLP
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USA
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April 16 2013

In United Steel, Paper & Forestry, Rubber, Mfg. Energy, Allied Indus. & Serv. Workers Int'l Union v. Cookson Am., Inc., No. 12-1032-cv, 2013 WL

U.S. Supreme Court rules that plan terms trump equitable defenses

Proskauer Rose LLP
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USA
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April 16 2013

Today, the U.S. Supreme Court issued its ruling in U.S. Airways, Inc. v. McCutchen in which the Court unanimously ruled that a clearly drafted

Second Circuit compels individual arbitration

Proskauer Rose LLP
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USA
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March 21 2013

The Second Circuit ruled today in Parisi v. Goldman, Sachs & Co. that a plaintiff was required to arbitrate her Title VII claim even though it would

Clear the confusion to ensure ERISA plan exhaustion

Proskauer Rose LLP
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USA
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March 18 2013

The U.S. Court of Appeals for the Second Circuit recently joined the U.S. Courts of Appeals for the Seventh and Eleventh Circuits in concluding that

Second Circuit: deferential standard applies without notice to participants & reimbursement claims are equitable relief

Proskauer Rose LLP
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USA
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March 14 2013

Yesterday, the Second Circuit ruled on two important issues of note for ERISA plan sponsors and plan fiduciaries. In Thurber v. Aetna Life Insurance

Prospects for avoiding ERISA class actions with arbitration agreements

Proskauer Rose LLP
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USA
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October 12 2012

It is well established that plan sponsors and fiduciaries may require plan participants and beneficiaries to participate in mandatory, binding arbitration as a means to prosecute claims under the Employee Retirement Income Security Act of 1974

Has the Sixth Circuit breathed new life into employer stock-drop ERISA litigation?

Proskauer Rose LLP
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USA
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March 14 2012

In Pfeil v. State Street Bank and Trust Co., No. 10-CV-2302, 2012 WL 555481 (6th Cir. Feb. 22, 2012), the Sixth Circuit decided three issues that it had not previously confronted in employer stock-drop ERISA litigation

Sixth Circuit distinguishes itself and rules that presumption of prudence should not be applied on a motion to dismiss

Proskauer Rose LLP
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USA
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February 23 2012

The Sixth Circuit issued a ruling on February 22, 2012 in Pfeil v. State Street Bank and Trust Co., No. 10-2302, 2012 WL 555481 (6th Cir. Feb. 22, 2012) that distinguishes itself from other Circuit Courts concerning the application of the presumption of prudence that applies to an ERISA plan fiduciary's decision to invest in an employer stock fund

Second Circuit's recent ERISA statute of limitations ruling continues favorable trend toward dismissing suits brought long after participants commence receipt of benefits

Proskauer Rose LLP
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USA
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January 10 2012

ERISA plan fiduciaries sometimes find themselves in litigation defending the interpretation or legality of plan terms that were applied years, if not decades, earlier to calculate a participant's benefits

Third Circuit finds "inequitable" the enforceability of a clear ERISA welfare plan reimbursement provision that deprived a participant of a full recovery

Proskauer Rose LLP
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USA
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December 9 2011

It is well-established that the written employee benefit plan document is sacrosanct

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