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Article

Proskauer Rose LLP | USA | 1 Apr 2019

ERISA Newsletter

We often talk about the importance of evaluating whether there are any procedural obstacles to plaintiffs pursuing their ERISA

Article

Proskauer Rose LLP | USA | 7 Jun 2017

Supreme Court Agrees Religiously Affiliated Hospitals Can Have “Church Plans”

The United States Supreme Court unanimously ruled in favor of religiously-affiliated hospitals and healthcare organizations in holding that a pension

Article

Proskauer Rose LLP | USA | 22 Mar 2017

The United States Supreme Court Rules in Favor of Hospitals on "Church Plan" ERISA Exemption

The United States Supreme Court unanimously ruled in favor of religiously-affiliated hospitals and healthcare organizations in holding that a pension

Article

Proskauer Rose LLP | USA | 1 Nov 2016

Second Circuit Addresses ERISA Plan Participation in Securities Lawsuit Settlements

In many class action securities litigations, the company's own pension plans are significant shareholders, by virtue of the plans' investment in

Article

Proskauer Rose LLP | USA | 3 May 2016

Final DOL Fiduciary Rule - Q&As for Employers and Plan Sponsors on Investment Education

On April 6, 2015, the U.S. Department of Labor (Department) issued its final rule defining who is a fiduciary of an employee benefit plan under the

Article

Proskauer Rose LLP | USA | 26 Jun 2014

Fifth Third Bancorp v. Dudenhoeffer an analysis of the U.S. Supreme Court's decision

For over two decades, federal courts have embraced the so-called Moench presumption of prudence in ERISA stock-drop cases. Pursuant to that

Article

Proskauer Rose LLP | USA | 2 Aug 2013

First post-Windsor ERISA decision

In the first reported ERISA decision post-Windsor, the U.S District Court for the Eastern District of Pennsylvania held (in Cozen O'Connor, P.C. V

Article

Proskauer Rose LLP | USA | 16 Apr 2013

Rulings, filings, and settlements of interest

In United Steel, Paper & Forestry, Rubber, Mfg. Energy, Allied Indus. & Serv. Workers Int'l Union v. Cookson Am., Inc., No. 12-1032-cv, 2013 WL

Article

Proskauer Rose LLP | USA | 9 Nov 2012

Rulings, filings, and settlements of interest

In Access Mediquip, L.L.C. v. UnitedHealthcare Insurance Co., F.3d , No. 10-20868, 2012 WL 4747260 (5th Cir. Oct. 5, 2012), the Fifth Circuit, en banc, held that ERISA does not preempt a third-party medical provider's state law claims based on a health plan insurer's misrepresentations of coverage.

Article

Proskauer Rose LLP | USA | 12 Oct 2012

Rulings, filings, and settlements of interest

In Reese v. CNH Am. LLC, Nos. 11-1359, 11-1857, 11-1969, --- F.3d ---, 2012 WL 40009695 (6th Cir. Sept. 13, 2012), the Sixth Circuit for the second time reversed the decision of the district court and held that an employer could reasonably yet unilaterally alter lifetime healthcare benefits for retirees without engaging in collective bargaining.

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