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U.S. Supreme Court: No ERISA Preemption for State Law Regulating PBMs

USA - December 14 2020 In a unanimous (8-0) opinion authored by Justice Sotomayor, the U.S. Supreme Court held that an Arkansas state law regulating rates at which pharmacy...

James W. Barnett, Barry Warner.

Delegating Fiduciary Responsibilities Related to ESOP Results in Dismissal of ERISA Stock-Drop Claims

USA - December 2 2020 Among the many lawsuits Boeing confronted following the disclosure of problems with the 737 Max was a class action brought by participants in the...

Paul M. Hamburger, Kyle C. Hansen.

DOL Issues Final “ESG” Rule Restricting ERISA Fiduciary Consideration of Non-Pecuniary Investment Factors

USA - November 10 2020 On October 30, 2020, the U.S. Department of Labor (the “DOL”) issued a final rule on factors for selecting plan investments, which restricts...

Seth J Safra, Steven D Weinstein, Ira G Bogner, Adam W Scoll.

ERISA Plan Participants Cannot Proceed As A Class In Challenging EpiPen Prices

USA - August 24 2020 Four ERISA plan participants, who participated in four different ERISA plans, commenced an ERISA class action against four of the nation’s largest...

Kyle C. Hansen.

American Airlines 401(k) Plan Not Required To Offer Stable Value Fund

USA - August 17 2020 Among the many claims brought by plaintiffs challenging investment offerings in defined contribution plans is the claim that plans should offer...

Seth J Safra.