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“Enbancworthy” - Fifth Circuit weighs in on whether company can recover funds from Special Needs Trust

Alston & Bird LLP
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USA
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May 16 2013

"The question this court deems enbancworthy is whether ACS Recovery Services, Inc., the administrator, and FK Industries, Inc., the sponsor

Seventh Circuit addresses whether financial service provider is ERISA fiduciary

Alston & Bird LLP
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USA
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May 2 2013

The U.S. Court of Appeals for the Seventh Circuit has recently decided a case challenging the amount of fees paid by 401(k) plan participants

No more beating around the bush: the Seventh Circuit finally adopts the Moench presumption

Alston & Bird LLP
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USA
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April 30 2013

In multiple preceding cases, the Seventh Circuit had noted the Moench presumption (which readers of this blog will know is named after the seminal

Rosy relief in sight for the plan in CGI Technologies & Solutions v. Rose

Alston & Bird LLP
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USA
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April 25 2013

On April 22, 2013, the Supreme Court granted the petition for a writ of certiorari in CGI Technologies & Solutions v. Rose, et al., and then

High court issues half-victory for ERISA plan administrators reinforcing the importance of clear, unambiguous plan terms

Alston & Bird LLP
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USA
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April 18 2013

On April 16, 2013, the Supreme Court issued its decision in US Airways v. McCutchena decision that can best be described as a half-victory for

Second Circuit: former fiduciary has standing to bring action for breach of fiduciary duty

Alston & Bird LLP
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USA
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March 29 2013

The plan at issue provided sickness, accident, life, and disability insurance benefits for employees of various non-profit agencies. The plan was

Fourth Circuit joins Third Circuit in holding ERISA does not preempt post-distribution suits against beneficiaries

Alston & Bird LLP
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USA
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March 11 2013

The situation in Andochick is not at all uncommon when couples divorce: Scott Andochick and Erika Byrd were married. During the marriage, Erika

Fourth Circuit: defined benefit pension plan participants lack standing to challenge plan’s investment in sponsor-affiliated funds

Alston & Bird LLP
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USA
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January 28 2013

The United States Court of Appeals for the Fourth Circuit recently held, over the objections of not only the putative class representatives but

Supreme Court says “bah humbug” to cert petition from State Street Bank

Alston & Bird LLP
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USA
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December 20 2012

On December 3, 2012, the Supreme Court denied State Street's petition for a writ of certiorari with regard to the Sixth Circuit's decision in Pfeil v

Claims spanning decades, ten subclasses no problem for ERISA class cert bid in Seventh Circuit

Alston & Bird LLP
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USA
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December 17 2012

In Johnsonv. Meriter Health Services Employee Retirement Plan, --- F.3d ----, 2012 WL 6013457 (7th Cir. Dec. 4, 2012), participants in a defined benefit plan sponsored by their employer, Meriter Health Services (“Meriter”), filed a putative class action under ERISA, alleging that they had not been credited with all pension benefits to which the plan entitled them

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