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Results:1-10 of 58

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)


Pension Consultant Found Not to be an ERISA Fiduciary
  • Proskauer Rose LLP
  • USA
  • July 19 2016

The Tenth Circuit held that a pension plan consultant, who misstated the amount of monthly pension payments that a pension plan participant would


Fiduciary breach claim based on oral representation can proceed
  • Proskauer Rose LLP
  • USA
  • March 20 2015

A federal district court in New Jersey held that oral misrepresentations may support a breach of fiduciary duty claim under ERISA. Plaintiff Richard


How to settle an ERISA breach of fiduciary duty case and sleep at night: a checklist for plan trustees to consider
  • Proskauer Rose LLP
  • USA
  • December 18 2014

Plan trustees often look to settle ERISA fiduciary breach claims brought against them as a way to put the past behind them. Assuming there is enough


The Supreme Court’s decision in Cigna Corp. v. Amara
  • Proskauer Rose LLP
  • USA
  • November 7 2011

Amara was a very significant decision in several respects.


Bacon v. Stiefel Laboratories: court denies class certification of ERISA claims based on finding that individual reliance must be proved11
  • Proskauer Rose LLP
  • USA
  • September 9 2011

In Bacon v. Stiefel Laboratories, No. 09-cv-21871, 2011 WL 2973677 (S.D. Fla. July 21, 2011),12 a federal district court denied plaintiffs' motion for class certification in a lawsuit alleging that plan fiduciaries and the corporate plan sponsor breached their fiduciary duties under ERISA and federal securities laws by, among other things, allegedly engaging in a fraudulent scheme to convince plaintiffs to sell their shares in the company to defendants in advance of a merger that would yield large profits for shareholders.


"Surcharge" as monetary relief after Amara
  • Proskauer Rose LLP
  • USA
  • September 9 2011

In CIGNA Corporation v. Amara, 131 S. Ct. 1866 (U.S. 2011), the Supreme Court held that ERISA plaintiffs who seek anything other than benefits pursuant to the governing plan document cannot assert their claims under ERISA Section 502(a)(1)(B).


Do you know what it means to know? Actual knowledge and ERISA Section 41315
  • Proskauer Rose LLP
  • USA
  • August 5 2011

Statutes of limitation restrict the time period in which a plaintiff can bring a claim.


Seventh Circuit confirms that receipt of benefit distribution can trigger statute of limitations; also precludes deference to plan administrator where no discretion exercised
  • Proskauer Rose LLP
  • USA
  • August 5 2011

This month, we feature two articles that discuss the accrual of statutes of limitations for ERISA claims, providing practical insight into reliance on the statutes to bar plaintiffs’ claims.


Peabody v. Davis: what is a fiduciary to do?
  • Proskauer Rose LLP
  • USA
  • June 7 2011

In Peabody v. Davis, Nos. 09-3428, 09-3452, 09-3497, 10-1851, 10-2079, 10-2091, 2011 WL 1364427 (7th Cir. April 12, 2011), the Seventh Circuit ruled that the fiduciaries of an Eligible Individual Account Plan (EIAP) plan breached their duty of prudence under ERISA by allowing the plan to remain heavily invested in stock of a closely held corporation when they knew the value of the company’s profit margin had substantially decreased due to regulatory changes.