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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

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

Third Circuit limits relief available to ERISA welfare plans seeking reimbursement of medical expenses

Proskauer Rose LLP
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USA
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November 17 2011

In a case of significant importance for plan sponsors and fiduciaries, the U.S. Court of Appeals for the Third Circuit held in US Airways, Inc. v. McCutchen, No. 10-3836 (3d Cir. Nov. 16, 2011), that an employee benefit plan was not entitled to full reimbursement of medical expenses it paid to a participant even though the plan provided that the participant was required to reimburse the plan for all amounts paid "out of any monies recovered from a third party."

U.S. Supreme Court rejects class-wide relief for summary plan description miscommunication

Proskauer Rose LLP
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USA
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May 16 2011

In Amara v. Cigna, No. 09-804 (U.S. May 16, 2011), the Supreme Court reversed and remanded a lower court ruling that had posed a substantial threat to employer plan sponsors by subjecting them to class-wide relief for a miscommunication without requiring any showing of harm

Year-End Reflections for ERISA Plan Sponsors and Fiduciaries: Highlights from 2010 and Thoughts on What’s in Store for 2011

Proskauer Rose LLP
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USA
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January 13 2011

This month's article takes a look back at some highlights from 2010 and offers some predictions about what's in store for 2011

Proskauer is perspective

Proskauer Rose LLP
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USA
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January 13 2011

Our look back at the past year, and forward into the coming year, confirms the enduring nature of ERISA litigation practice

ERISA’s statute of limitations for benefit claims: where to begin?

Proskauer Rose LLP
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USA
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July 13 2010

For plan counsel, the defense of claims for benefits is often complicated by the rather pro-participant nature of ERISA's rules governing the statute of limitations

Second Circuit holds Taft-Hartley funds are inherently conflicted, potentially affects outcome and scope of future benefit claims litigation

Proskauer Rose LLP
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USA
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June 29 2010

On June 24, 2010, the U.S. Court of Appeals for the Second Circuit held, in Durakovic v. Building Service 32 BJ Pension Fund, 2010 WL 2519645 (2d Cir. 2010), that Taft-Hartley funds (administered by boards of trustees consisting of an equal number of union and employer representatives) are inherently conflicted when making benefit determinations, and that this conflict needs to be considered by federal district courts when reviewing plan determinations under an arbitrary and capricious standard of review

District court ruling in stock-drop litigation potentially breathes new life into Section 404(c) safe harbor defense

Proskauer Rose LLP
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USA
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June 7 2010

In their continued efforts to combat the rising tide of employer stock-drop lawsuits, plan fiduciaries have frequently relied on a defense based on ERISA 404(c), 29 U.S.C. 1104(c

Supreme Court expands deference applicable to ERISA plan administrators

Proskauer Rose LLP
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USA
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April 21 2010

In a ruling issued this morning, the Supreme Court held in Conkright v. Frommert, No 08-810, that an administrator’s initial faulty implementation of a plan rule does not prevent application of the deferential arbitrary and capricious standard in reviewing the administrator’s subsequent determination as to how best to remedy the prior mistake