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New Litigation Relating to Pension Plan Actuarial Assumptions

USA - March 14 2019 The use by Pension Plans of Mortality Tables and Interest Rates from the 1970s and 1980s is being challenged in the new litigation. Dated actuarial…

Brooke L. McKeever, David P. Olson, Michael C. Wieber

Supreme Court strikes contraceptive mandate for certain closely held corporations

USA - July 8 2014 On June 30, 2014, the United States Supreme Court issued a decision in Burwell v. Hobby Lobby Stores, Inc. ("Hobby Lobby"), striking down a minor…

John L. Barlament, Alyssa D. Dowse

Supreme Court rejects special presumption of prudence for ESOP fiduciaries

USA - June 30 2014 On Wednesday, the Supreme Court issued a unanimous decision in the Fifth Third Bancorp v. Dudenhoeffer case. The landmark decision held that ESOP…

Employers suffer setback in 401(k) plan fee litigation

USA - May 30 2011 On April 11, 2011, the Seventh Circuit Court of Appeals in Chicago issued a ruling that was a setback for employers fighting lawsuits claiming excessive 401(k) plan fees and other 401(k) plan mismanagement.

David P. Olson

Supreme Court closes one door...but may have opened another

USA - May 30 2011 The Supreme Court recently ruled in CIGNA Corp. v. Amara that misleading summaries and descriptions cannot be used to reform the terms of an ERISA benefit plan, and provide a basis for recovery under ERISA Section 502(a)(1)(B).

David P. Olson