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Second Circuit Addresses ERISA Plan Participation in Securities Lawsuit Settlements
  • Proskauer Rose LLP
  • USA
  • November 1 2016

In many class action securities litigations, the company's own pension plans are significant shareholders, by virtue of the plans' investment in


U.S. Supreme Court rejects class-wide relief for summary plan description miscommunication
  • Proskauer Rose LLP
  • USA
  • May 16 2011

In Amara v. Cigna, No. 09-804 (U.S. May 16, 2011), the Supreme Court reversed and remanded a lower court ruling that had posed a substantial threat to employer plan sponsors by subjecting them to class-wide relief for a miscommunication without requiring any showing of harm.


Proskauer is perspective
  • Proskauer Rose LLP
  • USA
  • January 13 2011

Our look back at the past year, and forward into the coming year, confirms the enduring nature of ERISA litigation practice.


Supreme Court expands deference applicable to ERISA plan administrators
  • Proskauer Rose LLP
  • USA
  • April 21 2010

In a ruling issued this morning, the Supreme Court held in Conkright v. Frommert, No 08-810, that an administrator’s initial faulty implementation of a plan rule does not prevent application of the deferential arbitrary and capricious standard in reviewing the administrator’s subsequent determination as to how best to remedy the prior mistake.


Rulings, filings and settlements of interest
  • Proskauer Rose LLP
  • USA
  • February 3 2010

In Pollitt v. Health Care Serv. Corp., 558 F.3d 615 (7th Cir. Mar. 10, 2009), cert. granted (Oct. 13, 2009), the Seventh Circuit vacated and remanded the district court’s finding that the Federal Employees Health Benefits Act (“FEHBA”) preempted a participant’s claim that Health Cares Services Corporation (“HCSC”) acted in bad faith by terminating her son’s coverage and seeking reimbursement of benefits previously provided.


Rulings, filings and settlements of interest
  • Proskauer Rose LLP
  • USA
  • January 15 2010

In In re Schering Plough Corp. ERISA Litig., 2009 WL 4893649 (3d Cir. Dec. 21, 2009), the Third Circuit vacated the district court's ruling granting class certification in an ERISA stock-drop litigation.


Russell L. Hirschhorn
  • Proskauer Rose LLP