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Results:1-10 of 32

ERISA Fee Litigation Continues to Expand with New Claims Seeking to Impose Heightened Fiduciary Standards for 401(k) Plans
  • Proskauer Rose LLP
  • USA
  • July 31 2016

Buoyed by their recent success in fee litigation cases against plan fiduciaries, plaintiffs' counsel are bringing more lawsuits seeking to impose


Fidelity Prevails In ERISA Float Litigation
  • Proskauer Rose LLP
  • USA
  • July 29 2016

The First Circuit joined the Eighth Circuit in finding that Fidelity’s practice of earning overnight “float” interest on the cash paid out to 401(k)


Mental Health Parity Act: a litigation update
  • Proskauer Rose LLP
  • USA
  • September 10 2014

The Federal Mental Health Parity and Addiction Equity Act (the "Federal Parity Act"), like many similar state parity laws, mandates that financial


Rulings, filings, and settlements of interest
  • Proskauer Rose LLP
  • USA
  • April 16 2013

In United Steel, Paper & Forestry, Rubber, Mfg. Energy, Allied Indus. & Serv. Workers Int'l Union v. Cookson Am., Inc., No. 12-1032-cv, 2013 WL


District court permits ERISA claim for benefits of IRO review, holding such review is not an arbitration
  • Proskauer Rose LLP
  • USA
  • March 19 2013

In Yox v. Providence Health Plan, No. 12-cv-01348, 2013 WL 865968 (D. Or. Mar. 8, 2013), a federal district court held that the review of benefit


Rulings, filings, and settlements of interest
  • Proskauer Rose LLP
  • USA
  • November 9 2012

In Access Mediquip, L.L.C. v. UnitedHealthcare Insurance Co., F.3d , No. 10-20868, 2012 WL 4747260 (5th Cir. Oct. 5, 2012), the Fifth Circuit, en banc, held that ERISA does not preempt a third-party medical provider's state law claims based on a health plan insurer's misrepresentations of coverage.


Rulings, filings, and settlements of interest
  • Proskauer Rose LLP
  • USA
  • October 12 2012

In Reese v. CNH Am. LLC, Nos. 11-1359, 11-1857, 11-1969, --- F.3d ---, 2012 WL 40009695 (6th Cir. Sept. 13, 2012), the Sixth Circuit for the second time reversed the decision of the district court and held that an employer could reasonably yet unilaterally alter lifetime healthcare benefits for retirees without engaging in collective bargaining.


The Affordable Care Act and its coverage mandates for employers: a potent recipe for ERISA class actions
  • Proskauer Rose LLP
  • USA
  • August 20 2012

Although the Patient Protection and Affordable Care Act (ACA) has engendered much controversy (pro and con) in the business community, one area that has received less discussion is whether ACA may increase employers’ exposure to high-stakes class action litigation.


Sixth Circuit distinguishes itself and rules that presumption of prudence should not be applied on a motion to dismiss
  • Proskauer Rose LLP
  • USA
  • February 23 2012

The Sixth Circuit issued a ruling on February 22, 2012 in Pfeil v. State Street Bank and Trust Co., No. 10-2302, 2012 WL 555481 (6th Cir. Feb. 22, 2012) that distinguishes itself from other Circuit Courts concerning the application of the presumption of prudence that applies to an ERISA plan fiduciary's decision to invest in an employer stock fund.


Third Circuit limits relief available to ERISA welfare plans seeking reimbursement of medical expenses
  • Proskauer Rose LLP
  • USA
  • November 17 2011

In a case of significant importance for plan sponsors and fiduciaries, the U.S. Court of Appeals for the Third Circuit held in US Airways, Inc. v. McCutchen, No. 10-3836 (3d Cir. Nov. 16, 2011), that an employee benefit plan was not entitled to full reimbursement of medical expenses it paid to a participant even though the plan provided that the participant was required to reimburse the plan for all amounts paid "out of any monies recovered from a third party."