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Results: 1-10 of 94

Prenuptial agreement not an effective waiver of spousal rights

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • September 30 2013

A recent decision by the U.S. Court of Appeals for the Eighth Circuit demonstrates the potential limitations of prenuptial agreements purporting to

Employer breached fiduciary duty by allowing ineligible employee to enroll in plan

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • August 29 2013

The U.S. District Court for the Eastern District of Virginia held that an employer breached its fiduciary duty by misleading an employee regarding

Annual withdrawal liability payments calculated at highest contribution rate for all groups, excludes surcharge

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • May 30 2014

Woodbridge Logistics, LLC was a contributing employer to a multiemployer pension fund prior to its withdrawal from the fund in February 2011

Withdrawal liability from multiemployer plan and alter-ego liability

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • August 29 2013

Because of the severe underfunding in many multiemployer defined benefit funds, we are seeing increased collection activities by these funds to

District Court holds that insurer breached fiduciary duty when crediting below market interest to retained asset accounts

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • April 27 2012

Unum Life Insurance Company of America issued group life insurance policies to two employers

Acquired employees were properly denied shutdown benefits

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • May 31 2012

Acquisitions and the offer of transition benefits for acquired employees under a seller’s plans can be tricky

PBGC asserts liability against foreign control group member

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • May 31 2012

Under the Employee Retirement Income Security Act of 1974 (ERISA), members of a control group of entities are jointly and severally liable for certain liabilities related to underfunded defined benefit plans

Transgender spouse reinstated as an eligible plan participant

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • June 27 2012

The U.S. District Court for the District of Minnesota recently held that a union welfare benefit trust fund breached the terms of its health plan when it terminated the plaintiff’s coverage based on its erroneous and unreasonable interpretation of Minnesota law

Withdrawal liability exemption under asset sale more difficult in Second Circuit

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • July 31 2012

In 2007, HOP Energy, LLC sold the operating assets of its subsidiary, Madison Oil, to Approved Oil Company

Medical plan preauthorization language violates SPD standards

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • August 29 2012

In Koehler v. AETNA Health Inc., the U.S. Court of Appeals for the Fifth Circuit held that Aetna’s benefits decision was not, as a matter of law, entitled to deference where the same document, Aetna’s certificate of coverage, served as both the plan document and summary plan description (SPD