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Articles

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Court’s award of $3.8 million raises questions about the scope of ERISA remedies

USA - December 17 2013 The U.S. Court of Appeals for the Sixth Circuit has affirmed an unusually large award of $3.8 million in a case involving the denial of long-term...

Robert W. Shaw.

Court holds that plan sponsor’s SEC filings were incorporated by reference into retirement plan’s summary plan description and constituted part of the plan fiduciary’s communications to plan participants

USA - October 29 2013 The U.S. Court of Appeals for the Ninth Circuit has held that an ERISA-regulated employee stock-ownership retirement plan's incorporation by...

Robert W. Shaw.

Court holds that severance policy is not an ERISA plan: Okun v. Montefiore Medical Center

USA - September 24 2013 The U.S. District Court for the Southern District of New York has provided clear and useful guidance on a common ERISA question: what constitutes...

Robert W. Shaw.

Post-Windsor federal district court decision rules that ERISA plan must recognize same-sex spouse as beneficiary of participant’s death benefits

USA - August 6 2013 In one of the first decisions to apply the U. S. Supreme Court's ruling in United States v. Windsor, __ U. S. ___ (June 26, 2013), to a question of...

Robert W. Shaw.

Sixth Circuit refuses to allow eight-year-old ERISA claim to proceed

USA - July 22 2013 The U. S. Court of Appeals for the Sixth Circuit has held that a plaintiff could not pursue a claim for disability benefits in federal district court...

Robert W. Shaw.