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35 results found

Article

Williams Mullen | USA | 17 Dec 2013

Court’s award of $3.8 million raises questions about the scope of ERISA remedies

The U.S. Court of Appeals for the Sixth Circuit has affirmed an unusually large award of $3.8 million in a case involving the denial of long-term

Article

Williams Mullen | USA | 29 Oct 2013

Court holds that plan sponsor’s SEC filings were incorporated by reference into retirement plan’s summary plan description and constituted part of the plan fiduciary’s communications to plan participants

The U.S. Court of Appeals for the Ninth Circuit has held that an ERISA-regulated employee stock-ownership retirement plan's incorporation by

Article

Williams Mullen | USA | 24 Sep 2013

Court holds that severance policy is not an ERISA plan: Okun v. Montefiore Medical Center

The U.S. District Court for the Southern District of New York has provided clear and useful guidance on a common ERISA question: what constitutes

Article

Williams Mullen | USA | 6 Aug 2013

Post-Windsor federal district court decision rules that ERISA plan must recognize same-sex spouse as beneficiary of participant’s death benefits

In one of the first decisions to apply the U. S. Supreme Court's ruling in United States v. Windsor, __ U. S. ___ (June 26, 2013), to a question of

Article

Williams Mullen | USA | 22 Jul 2013

Sixth Circuit refuses to allow eight-year-old ERISA claim to proceed

The U. S. Court of Appeals for the Sixth Circuit has held that a plaintiff could not pursue a claim for disability benefits in federal district court

Article

Williams Mullen | USA | 26 Jun 2013

Court holds that erroneous advice about medical benefits coverage can expose plans to liability

In Kenseth v. Dean Health Plan, Inc., No. 11-1560 (June 13, 2013), the Seventh Circuit Court of Appeals reviewed the scope of equitable remedies

Article

Williams Mullen | USA | 16 Apr 2013

Court dismisses ERISA case concerning investments in mortgage-backed securities

The U. S. Court of Appeals for the Second Circuit has affirmed the dismissal of a case brought against Morgan Stanley Investment Management Inc

Article

Williams Mullen | USA | 25 Mar 2013

The Second Circuit finds a crucial limitation in the Moensch presumption for retirement plan fiduciaries

In Taveras v. UBS AG, No. 12-1662 (2d Cir. February 27, 2013), the U. S. Court of Appeals for the Second Circuit reviewed the dismissal of a

Article

Williams Mullen | USA | 22 Feb 2013

Retirement plan plaintiffs were not required to exhaust administrative remedies before filing their class action

The Second Circuit has held that a putative class of ERISA plaintiffs was not required to exhaust a plan's administrative remedies prior to filing

Article

Williams Mullen | USA | 18 Dec 2012

The emerging frontiers for equitable remedies under ERISA in the Fourth Circuit: Moon v. BWX Technologies

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).

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