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Tenth circuit issues significant post-Amara ruling on disclosure requirements in connection with cash balance conversions
  • Proskauer Rose LLP
  • USA
  • October 5 2011

Just three months after the Supreme Court's decision in CIGNA Corporation v. Amara, 131 S. Ct. 1866 (2011), the Tenth Circuit issued an opinion in Tomlinson v. El Paso Corp., No. 10-CV-1385, 2011 U.S. App. LEXIS 16525 (10th Cir. Aug. 11, 2011), which addresses the disclosure issues under ERISA 102 and 204(h), 29 U.S.C. 1022 and 1054(h), that arise when employers convert traditional defined benefit plans to cash balance plans.


Déjà vu the Seventh Circuit again rules in an excessive fee case, expanding on Hecker v. Deere, and taking a leading role in the field
  • Proskauer Rose LLP
  • USA
  • October 5 2011

This month, we examine two recent circuit court opinions.


Rulings, filings, and settlements of interest
  • Proskauer Rose LLP
  • USA
  • September 9 2011

In Florida v. United States Dep't of Health and Human Servs., 11-11021-cv, 2011 WL 3519178 (11th Cir. Aug. 12, 2011), the Eleventh Circuit affirmed in part and reversed in part the district court's ruling that the Affordable Care Act was unconstitutional.


Decapitating class actions
  • Proskauer Rose LLP
  • USA
  • September 1 2011

One potential early approach to a class action is to "decapitate" it -- to knock out the claims of the class representative(s), often by finding some deficiency in their individual claim that supports a motion to dismiss or for summary judgment.


Rulings, filings, and settlements of interest
  • Proskauer Rose LLP
  • USA
  • July 1 2011

In Thompson v. Retirement Plan for Employees of S.C. Johnson & Son, Inc., Nos. 10-3917, 10-3918, 10-3988 & 10-3989, 2011 WL 2463550 (7th Cir. June 22, 2011), the Seventh Circuit resolved two issues in a class action by cash balance plan participants who alleged the plan had improperly calculated their preretirement lump sum distributions by failing to adjust the amount for future interest credits.


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

In Brown v. Owens Corning Investment Review Committee, 2010 WL 3730918 (6th Cir. Sept. 27, 2010), the Sixth Circuit affirmed dismissal, on statute of limitations grounds, of plaintiffs' claims against plan fiduciaries arising from employer stock holdings in two Owens Corning retirement plans.


Richard L Spinogatti
  • Proskauer Rose LLP

L. Robert Batterman
  • Proskauer Rose LLP

Russell L. Hirschhorn
  • Proskauer Rose LLP

Wayne D Katz
  • Proskauer Rose LLP