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Plan limitations period
  • Proskauer Rose LLP
  • USA
  • November 7 2011

In Ortega v. Orthobiologics, LLC, --- F.3d ----, No. 09-2305, 2011 WL 5041744 (1st Cir. Oct. 25, 2011), the First Circuit held that a disability plan’s one-year limitations period for filing suit was equitably tolled and did not bar the suit of a former employee who had no notice of it.


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.


The Ninth Circuit holds that an IRA's named beneficiaries, rather than the decedent’s wife, were entitled to the IRA funds after his death, even though some of the funds in the IRA had been rolled over from a 401(k) plan
  • Proskauer Rose LLP
  • USA
  • March 10 2010

The Ninth Circuit held that the named beneficiaries of an IRA, rather than the IRA owner's wife, were entitled to the IRA funds after his death, even though some of the funds in the IRA had been rolled over from a 401(k) plan subject to ERISA's surviving spouse provisions.


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

Paul M. Hamburger
  • Proskauer Rose LLP

Andrew M Katzenstein
  • Proskauer Rose LLP

Amy Covert
  • Proskauer Rose LLP

Daryn A Grossman
  • Proskauer Rose LLP

Albert W Gortz
  • Proskauer Rose LLP