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Results:1-10 of 367

ERISA Administrative Appeal Barred As Untimely
  • Proskauer Rose LLP
  • USA
  • March 12 2019

The First Circuit held that a plaintiff failed to timely exhaust her administrative remedies under a long-term disability plan because the plan’s


Plaintiffs Not Entitled to Jury Trial for ERISA Breach of Fiduciary Duty Claims
  • Proskauer Rose LLP
  • USA
  • March 11 2019

Massachusetts Institute of Technology persuaded a federal district court to toss a jury demand in a case alleging that the MIT 401(k) plan


IRS Expands Rules for Returning Mistaken HSA Contributions
  • Proskauer Rose LLP
  • USA
  • February 26 2019

In Notice 2008-59, the IRS provided certain limited exceptions to its previously stated general position that employers may not recoup any portion of


Participants’ ERISA Retaliation Claim Dismissed
  • Proskauer Rose LLP
  • USA
  • February 13 2019

A federal district court in Illinois held that participants in a multiemployer pension plan failed to plausibly allege that plan fiduciaries


Ninth Circuit Affirms Dismissal of ERISA Claims Against Health Insurers
  • Proskauer Rose LLP
  • USA
  • February 13 2019

The Ninth Circuit agreed that the employer-members of Montana’s Chamber of Commerce failed to state a claim for breach of fiduciary duty under ERISA


Georgetown Prevails In ERISA Fee Litigation Case
  • Proskauer Rose LLP
  • USA
  • February 12 2019

A federal district court in the District of Columbia dismissed ERISA fiduciary-breach claims by participants in Georgetown’s 403(b) retirement plans


Another Obama-Board Decision Overturned: NLRB Reverts to Traditional Common-Law Agency Independent-Contractor Test and Foreshadows Potential Rulemaking
  • Proskauer Rose LLP
  • USA
  • January 29 2019

On January 25, 2019, in a long-anticipated decision, the NLRB overturned another Obama-Board decision, FedEx Home Delivery, 361 NLRB 610 (2014)


Eighth Circuit decision on“cross-plan offsetting” illustrates importance of careful plan drafting
  • Proskauer Rose LLP
  • USA
  • January 24 2019

The U.S. Court of Appeals for the Eighth Circuit recently weighed in on a practice for recovering health plan overpayments known as “cross-plan


Podcast: Key Considerations for ERISA Plan Fiduciaries When Delegating Investment Authority
  • Proskauer Rose LLP
  • USA
  • January 18 2019

In this Episode of The Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll discuss the key considerations for ERISA plan


ERISA Newsletter
  • Proskauer Rose LLP
  • USA
  • January 10 2019

As we closed the door on 2018, we were met by two surprising decisionsone from a panel of the Second Circuit addressing employer