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Results:1-10 of 59

No Ongoing Administration, No ERISA Plan
  • Proskauer Rose LLP
  • USA
  • May 14 2018

Participants in a voluntary separation program filed suit for breach of fiduciary duty under ERISA seeking additional benefits after learning that


Third Circuit Deepens Circuit Split Over Test for "Top Hat" Status Under ERISA
  • Proskauer Rose LLP
  • USA
  • April 6 2018

A Third Circuit decision, Sikora v. UPMC, 876 F.3d 110 (3d Cir. 2017), deepens a circuit split over whether a participant's bargaining power is


Third Circuit Analyzes Standing for ERISA Plan Management Claims
  • Proskauer Rose LLP
  • USA
  • April 6 2018

A recent Third Circuit decision reinforced the need for ERISA plaintiffs to plead injury-in-fact to establish Article III standing. In Krauter v


Third Circuit Analyzes Standing for ERISA Plan Management Claims
  • Proskauer Rose LLP
  • USA
  • February 23 2018

A recent Third Circuit decision reinforced the need for ERISA plaintiffs to plead injury-in-fact to establish Article III standing. In Krauter v


Third Circuit Deepens Circuit Split Over Test for “Top Hat” Status Under ERISA
  • Proskauer Rose LLP
  • USA
  • February 23 2018

A Third Circuit decision, Sikora v. UPMC, 876 F.3d 110 (3d Cir. 2017), deepens a circuit split over whether a participant’s bargaining power is


Third Circuit says ERISA administrative appeal denial letters must state plan-imposed time limits
  • Proskauer Rose LLP
  • USA
  • August 28 2015

The Third Circuit recently held that ERISA administrative appeal denial letters must include plan-imposed time limits for commencing a lawsuit


Third Circuit rules that actual harm needed for monetary equitable remedy
  • Proskauer Rose LLP
  • USA
  • July 21 2015

The Third Circuit recently held that a plaintiff was not entitled to a monetary, equitable remedy under ERISA 502(a)(3) where he failed to prove


No fiduciary status for 401(k) plan service provider
  • Proskauer Rose LLP
  • USA
  • August 2 2013

The Third Circuit affirmed dismissal of plaintiff Nicholas Danza's claims that Fidelity breached its fiduciary duties and engaged in prohibited


Rulings, filings, and settlements of interest
  • Proskauer Rose LLP
  • USA
  • February 19 2013

In Govrik v. Unum Life Ins. Co. of Am., 702 F.3d 1103 (8th Cir. 2013), the Eighth Circuit held that Unum operated under a structural conflict of


Rulings, filings, and settlements of interest
  • Proskauer Rose LLP
  • USA
  • July 18 2012

In U.S. Airways Inc. v. McCutchen, U.S., No.11-1285, cert. granted (June 25, 2012), the U.S. Supreme Court granted U.S. Airways' petition for certiorari, deciding to revisit the issue of what constitutes "equitable relief" under Section 502(a)(3) under ERISA.