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Results:1-7 of 7

Fourth Circuit holds that plan administrators’ alleged fiduciary breach based on 401(k) plans’ fund selection is time-barred
  • Williams Mullen
  • USA
  • January 23 2013

The Fourth Circuit rejected the claims of a putative class action brought on behalf of participants of two retirement plans sponsored by Bank of


The emerging frontiers for equitable remedies under ERISA in the Fourth Circuit: Moon v. BWX Technologies
  • Williams Mullen
  • USA
  • December 18 2012

The U.S. Court of Appeals for the Fourth Circuit continues to build out the boundaries of ERISA’s equitable remedies, which have expanded in the Fourth Circuit in the wake of the U. S. Supreme Court’s decision in CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011).


McCravy v. Metropolitan Life Insurance Co.: recognizing a broader scope for ERISA’s equitable remedies
  • Williams Mullen
  • USA
  • July 11 2012

The Fourth Circuit has reversed an earlier position and now recognizes a broader scope for equitable remedies available to ERISA plaintiffs following the U. S. Supreme Court’s decision in CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011).


Fourth Circuit upholds plan administrator's interpretation to deny disabled doctor's benefits claim
  • Williams Mullen
  • USA
  • January 18 2012

The U.S. Court of Appeals for the Fourth Circuit upheld a plan administrator’s interpretation of a long term disability plan and affirmed the denial of a disabled physician’s claim for benefits in Fortier v. Principal Life Insurance Company, No. 10-1441 (4th Cir. January 11, 2012).


Fourth Circuit rules that retirement plan trustees’ failures must have causal link to plan losses in order to hold trustees liable
  • Williams Mullen
  • USA
  • December 14 2011

The U. S. Court of Appeals for the Fourth Circuit has ruled that retirement plan trustees cannot be held liable for failures to investigate the prudence of plan investments or to diversify those investments, unless there is a proven causal link between such fiduciary failures and losses to the retirement plan.


Court requires strict adherence to plan amendment provisions: Tatum v. R.J. Reynolds Tobacco Co., No. 1:02-CV-373 (M.D.N.C. June 1, 2011)
  • Williams Mullen
  • USA
  • July 19 2011

The U.S. District Court for the Middle District of North Carolina has decided a significant issue in the long-pending “plan mismanagement” action against R.J. Reynolds Tobacco Company (“RJR Tobacco”) for alleged ERISA violations concerning the elimination of certain investments in its retirement plan (the “RJR Tobacco Plan”).


Court’s remedial power under ERISA includes grant to the substitute fiduciary to terminate pension plan
  • Williams Mullen
  • USA
  • April 8 2011

A recent decision of the U.S. Court of Appeals for the Fourth Circuit has confirmed the breadth of the district court’s equitable powers over a retirement benefit plan when enforcing fiduciary duties and providing “appropriate relief” for fiduciary breach.