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Results:1-7 of 7

Rulings, filings and settlements of interest
  • Proskauer Rose LLP
  • USA
  • July 13 2010

In the wake of Hardt v. Reliance Standard Life Ins. Co., 130 S. Ct. 2149 (May 24, 2010), in which the Supreme Court held that a party must achieve "some success on the merits" in order to obtain an attorney’s fee award under ERISA, two federal circuits have concluded that the so-called "five-factor test" for determining such awards used by many district courts prior to Hardt remains an appropriate analytical framework for deciding whether to award attorneys fees under ERISA, but only after first concluding that a party has achieved some success on the merits.


Second Circuit holds Taft-Hartley funds are inherently conflicted when making benefit determinations
  • Proskauer Rose LLP
  • USA
  • July 13 2010

In a case of first impression in the Second Circuit, the U.S. Court of Appeals held, in Durakovic v. Building Service 32 BJ Pension Fund, No. 09-3651-cv, 2010 WL 2519645 (2d Cir. June 24, 2010), that Taft-Hartley funds (administered by boards of trustees consisting of an equal number of union and employer representatives) are inherently conflicted when making benefit determinations because, like insurance companies and employers administering their self-insured plans, they both evaluate and pay claims.


Rulings, filings and settlements of interest
  • Proskauer Rose LLP
  • USA
  • June 7 2010

In Golden Gate Restaurant Assoc. v. City and County of San Francisco, No. 08-1515 (U.S.), the U.S. Solicitor General requested that the Supreme Court deny certiorari in light of the recent enactment of the Patient Protection and Affordable Care Act (PPACA).


Rulings, filings and settlements of interest
  • Proskauer Rose LLP
  • USA
  • April 5 2010

In In re Guidant Corp. ERISA Litig., No. 05-CV-01009 (S.D. Ind. Mar. 18, 2010), plaintiffs filed a motion for preliminary approval of a settlement that will provide them with $7 million to resolve their employer stock-drop claims.


Rulings, filings and settlements of interest
  • Proskauer Rose LLP
  • USA
  • March 16 2010

In Unisys Corp. v. Adair, et al., (U.S. Feb. 22, 2010), the U.S. Supreme Court denied Unisys Corp.’s petition for certiorari, thus leaving intact the Third Circuit’s ruling that Unisys Corp. breached its fiduciary duties by failing adequately to disclose that it could terminate its retiree health plan.


Deidre A Grossman
  • Proskauer Rose LLP