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Seventh Circuit rejects novel DOL position in affirming summary judgment for retirement plan service provider in revenue sharing class action

USA - May 2 2013 May 1, 2013 -- In an important appellate victory for the industry in the longrunning series of so-called "revenue sharing" cases, the United States...

Michael Valerio, John Pitblado.

Supreme Court finds equitable defenses do not override ERISA plan terms

USA - April 18 2013 April 18, 2013 -- On April 16, 2013, the United States Supreme Court decided US Airways, Inc. v. McCutchen, et al, finding that equitable defenses...

Jim Sconzo, Jonathan Sterling.

Second Circuit finds jurisdiction under ERISA to decide insurer's counterclaim for overpaid plan benefits

USA - March 14 2013 On March 13, 2013, the United States Court of Appeals for the Second Circuit decided Thurber v. Aetna Life Insurance Company, et al, and aligned...

Jim Sconzo, Jonathan Sterling.

Second Circuit vacates class certification order in long-running ERISA retirement plan "revenue sharing" case

USA - February 9 2012 This week, the United States Court of Appeals for the Second Circuit vacated a Connecticut federal district court order certifying a class of 401(k) plan trustees in the long-running Haddock...

Michael Valerio, John Pitblado.

Seventh Circuit again finds that sponsor's offering of retail mutual funds in defined-contribution plan does not run afoul of ERISA duties

USA - September 12 2011 Following its earlier holding in Hecker v. Deere & Co., 556 F.3d 575 (7th Cir. 2009), the United States Court of Appeals for the Seventh Circuit has again rejected ERISA breach of fiduciary duty claims brought against a plan sponsor by plan participants challenging the sponsor's offering of "retail" mutual funds as investment options in its defined-contribution retirement plan....

Michael Valerio.