Search results
Order by most recent / most popular / relevance
Results: 1-8 of 8
Breach of fiduciary duty case addressed by 7th Circuit
- Seyfarth Shaw LLP
- -
- USA
- -
- September 30 2011
On September 6, 2011, in Loomis v. Exelon Corp.(Case Nos. 09-4081 and 10-1755), the Seventh Circuit found that the fiduciaries of Exelon Corporation’s defined contribution retirement plan did not breach their fiduciary duties by offering “retail” mutual funds (i.e. funds that are available to the general public), nor by requiring participants to bear the expenses of those funds
Sixth Circuit upholds union contract obligation to indemnify employer for withdrawal liability
- Seyfarth Shaw LLP
- -
- USA
- -
- March 27 2012
On March 16, 2012, the Sixth Circuit Court of Appeals joined the Third Circuit in finding that when a union agrees in a collective bargaining agreement to indemnify an employer in the event that the employer is assessed multiemployer pension plan withdrawal liability, there is no violation of public policy
Second Circuit: ERISA preempts breach of employment contract claims
- Seyfarth Shaw LLP
- -
- USA
- -
- April 4 2012
On March 9, 2012, in Arditi v. Lighthouse International, No. 11-cv-423, the Second Circuit dove into what sometimes can be the murky waters of ERISA preemption, as demonstrated by the dissenting opinion
Southern District of Ohio: statute of limitations bars claim for pension benefits
- Seyfarth Shaw LLP
- -
- USA
- -
- January 3 2012
A recent decision from the Southern District of Ohio, Gelesky v. AK Steel Corp. et. al, Case No. 1:10-cv-899, (S.D. Ohio, November 30, 2011), dismissed as time barred a putative class action in which plaintiff, a participant in his former employer’s cash balance pension, alleged that the Plan’s methodology for calculating benefits violated ERISA
Sixth Circuit: reservation of rights clause in collective bargaining agreement enables employer to modify retiree health care benefits
- Seyfarth Shaw LLP
- -
- USA
- -
- October 17 2012
Recently, the Sixth Circuit, in Witmer v. Acument Global Technologies, Inc.,Case No. No. 11-1793, concluded that the specific reservation of rights clause preserving the employer’s right to terminate the plan that was found in the Appendix to the collective bargaining agreement that provided retiree medical benefits enabled Acument to reduce and then terminate retirees’ health care benefits
First Circuit: unwritten risk of relapse exclusion is unreasonable, creates split with Fourth Circuit
- Seyfarth Shaw LLP
- -
- USA
- -
- February 4 2013
On January 17, 2013, in Colby v. Union Security Insurance Co. & Management Co. for Merrimack Anesthesia Associates Long-Term Disability Plan, No
7th Circuit: one step closer to gutting stock drop liability
- Seyfarth Shaw LLP
- -
- USA
- -
- May 15 2013
Recently, in White, et. Al. V. Marshall & Ilsley Corp., the Seventh Circuit concluded that a claim against an Employee Stock Ownership Plan can be
Supreme Court to resolve circuit split in subrogation case
- Seyfarth Shaw LLP
- -
- USA
- -
- June 25 2012
On Monday, June 25, 2012, the United States Supreme Court granted certiorari in U.S. Airways, Inc. v. McCutchen, a case we previously blogged about on December, 15, 2011
Current Search
- Workarea - Employee Benefits & Pensions
- Workarea - Litigation
- Firm Name - Seyfarth Shaw LLP
- Author - James C. Goodfellow