Articles: 1-10 of 408
Sixth Circuit rejects arbitration for proposed fiduciary breach class action
USA - May 5 2022 The Sixth Circuit, in a matter of first impression for that Circuit, held an arbitration clause contained in an individual employment agreement did…
Ninth Circuit Revives Second Excessive Fee 401(k) Plan Litigation
USA - April 18 2022 On Friday, for the second week in a row, the Ninth Circuit reversed dismissal of a 401(k) plan excessive fee litigation challenging the offering of…
Ninth Circuit revives fee challenge to salesforce.com 401(k) plan
USA - April 11 2022 On Friday, the Ninth Circuit became the First Circuit court to rule in a 401(k) plan fee and investment litigation following the Supreme Court’s…
Ninth Circuit Defers to plan design and administrative discretion on bounds of mental health coverage
USA - April 4 2022 A recent decision by the U.S. Court of Appeals for the Ninth Circuit (Wit et al. V. United Behavioral Health and Alexander et al. V. United…
Congress reopens door for HSA with no-deductible telehealth, but with a hole
USA - March 22 2022 Effective April 1, 2022, high-deductible health plans can once again offer first-dollar coverage for telehealth and other remote services without…
Ninth Circuit Agrees with Third Circuit that “Highest Contribution Rate” for Withdrawal Liability Payment Calculations Excludes PPA Surcharges
USA - February 17 2022 On January 31, 2022, the Ninth Circuit affirmed the lower court’s finding that surcharges imposed by the Pension Protection Act (“PPA”) are excluded…
There’s more! Tri-agencies provide clarifying guidance on group health plan coverage of over-the-counter at-home covid-19 tests
USA - February 7 2022 A few short weeks ago we told you in a blog post that, with only four days’ notice, the Departments of Labor, Treasury, and HHS (the Departments)…
District court enforces 403(b) plan arbitration clause with class action waiver but allows for plan-wide non-monetary relief
USA - February 3 2022 A federal district court in Florida sent a proposed ERISA breach of fiduciary duty class action to individual arbitration on the basis of a plan…
District Court Declines to dismiss 401(k) fee litigation case in first decision post-hughes
USA - January 28 2022 In the first decision since the Supreme Court’s ruling in Hughes v. Northwestern Univ., No. 19-1401, 595 U.S. ___ (U.S. Jan. 24, 2022) (discussed…
The Supreme Court Declines to establish pleading standard for defined contribution plan excessive fee litigation
USA - January 26 2022 To the disappointment of many in the ERISA community, the Supreme Court issued a six-page opinion on January 24th that declined to opine on most of…
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