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Results: 1-10 of 259

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


Court holds that plan may recoup overpayment of pension benefits
  • Hodgson Russ LLP
  • USA
  • February 28 2012

The district court for the District of Massachusetts held that a multiemployer pension plan may recoup the overpayment of benefits, notwithstanding the participant’s intervening bankruptcy


State breach of contract claim for severance preempted by ERISA
  • Hodgson Russ LLP
  • USA
  • August 29 2013

A district court recently dismissed a former employee's state breach of contract claim, relating to his employer's denial of severance benefits, on


7th Circuit holds ERISA’s anti-retaliation provision covers informal complaints
  • Hodgson Russ LLP
  • USA
  • November 29 2012

ERISA Section 510 makes it unlawful to take retaliatory action “against a person because he has given information or has testified or is about to testify in any inquiry or proceeding relating to” ERISA


Wife’s murder leads to ruling that state courts have jurisdiction over QDROs
  • Hodgson Russ LLP
  • USA
  • September 29 2010

The US Court of Appeals for the Ninth Circuit recently ruled that state courts have jurisdictional authority to determine whether domestic relations orders (DROs) satisfy the requirements of qualified domestic relations orders (QDROs) under ERISA


Employer is not liable for allegedly ambiguous summary plan description
  • Hodgson Russ LLP
  • USA
  • May 31 2012

In Skinner v. Northrop Grumman Retirement Plan B, the U.S. Court of Appeals for the Ninth Circuit, applying the Supreme Court’s ruling in CIGNA Corp. v. Amara, held that the plaintiffparticipants could not sue for benefits allegedly promised by the summary plan description (SPD) but not the plan, because statements in an SPD do not constitute the terms of a plan


Severance denied to employee who retired following expiration of medical leave
  • Hodgson Russ LLP
  • USA
  • June 27 2012

A recent decision upholding the denial of severance benefits to an employee who retired after exhausting medical leave demonstrates the importance of a well-drafted severance plan


Asset sale exception to multiemployer withdrawal liability upheld
  • Hodgson Russ LLP
  • USA
  • May 20 2011

Underfunded multiemployer pension plans assess "withdrawal liability" to a contributing employer if the employer ceases to contribute to the plan either wholly (a "complete withdrawal") or where there is a 70 percent or more reduction in contributions (a "partial withdrawal"


Unilateral modification of collectively bargained retiree medical benefits leads to litigation
  • Hodgson Russ LLP
  • USA
  • May 30 2014

The increasing and unpredictable costs of retiree medical benefits pose a significant threat to the financial health of employers who sponsor these