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Seventh Circuit rejects novel DOL position in affirming summary judgment for retirement plan service provider in revenue sharing class action

Jorden Burt LLP
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USA
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May 2 2013

May 1, 2013 -- In an important appellate victory for the industry in the longrunning series of so-called "revenue sharing" cases, the United States

Supreme Court finds equitable defenses do not override ERISA plan terms

Jorden Burt LLP
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USA
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April 18 2013

April 18, 2013 -- On April 16, 2013, the United States Supreme Court decided US Airways, Inc. v. McCutchen, et al, finding that equitable defenses

Iowa leads the way issuing guidance on annuity illustrations

Jorden Burt LLP
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USA
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April 5 2013

April 5, 2013 -- On April 3, 2013, Iowa Insurance Commissioner Nick Gehart issued Iowa Insurance Department ("IID") Bulletin 13-01 providing guidance

Second Circuit finds jurisdiction under ERISA to decide insurer's counterclaim for overpaid plan benefits

Jorden Burt LLP
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USA
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March 14 2013

On March 13, 2013, the United States Court of Appeals for the Second Circuit decided Thurber v. Aetna Life Insurance Company, et al, and aligned

Scope of appropriate equitable relief reaches Supreme Court

Jorden Burt LLP
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USA
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February 15 2013

Last year, the Supreme Court observed that "appropriate equitable relief" under ERISA 502(a)(3) could include all the remedies typically found

Recent decisions in 419 and 412(i) litigation

Jorden Burt LLP
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USA
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November 2 2012

The Fifth Circuit Court of Appeals recently reviewed the first case on appeal from MDL No. 1983, a multidistrict litigation proceeding designed to address claims related to employee benefit plans created under 412(i) and 419 of the Internal Revenue Code

The Fifth Circuit takes a fresh look at ERISA preemption

Jorden Burt LLP
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USA
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November 2 2012

In the coming months, the Fifth Circuit Court of Appeals is expected to issue an en banc decision in Access Mediquip LLC v. UnitedHealthcare Insurance Co. that could result in the reversal of two decades worth of the court’s ERISA preemption precedent, or, at a minimum, provide clarification regarding the contours of ERISA-preemption within the Fifth Circuit

Ninth Circuit extends fiduciary exception to plan fiduciary insurers

Jorden Burt LLP
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USA
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November 2 2012

In a decision that could have far-reaching consequences, the Ninth Circuit Court of Appeals became the first federal appellate court to find that the fiduciary exception to the attorney-client privilege applies to insurance companies as well as plan trustees

Fifth Circuit limits insurer's discretion in interpreting summary plan description

Jorden Burt LLP
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USA
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August 27 2012

When Nancy Koehler discovered there was no participating provider who could supply a medically necessary dental device, she obtained a referral to an out-of-network specialist, as permitted by her plan

Labor Department modifies disclosure regarding brokerage windows in participant-directed plans

Jorden Burt LLP
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USA
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August 1 2012

Yesterday, the Department of Labor issued Field Assistance Bulletin ("FAB") No. 2012-02R supplementing the disclosure required to be given to participants in participant-directed individual account plans (e.g. 401 (k) plans) by the recently issued participant disclosure regulation (29 CFR 2550.404a-5

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