We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.


Clear all

Refine your search

Content type



16 results found


Seyfarth Shaw LLP | USA | 7 May 2019

Do ERISA Fiduciaries Have The Burden Of Proof On Loss Causation? The Solicitor General Will Now Advise Whether The Supreme Court Should Provide The Answer

There is a deep circuit split on who bears the burden of proving loss causation on ERISA breach of fiduciary duty claims. The Supreme Court has now


Seyfarth Shaw LLP | USA | 5 Mar 2019

Sixth Circuit Follows Ordinary Principles Of Contract Law To Find Whirlpool Is Not Obligated To Provide Lifetime Retiree Healthcare Benefits

Seyfarth Synopsis: Over the last several years, the law governing disputes on lifetime retiree health benefits in the Sixth Circuit has had many


Seyfarth Shaw LLP | USA | 20 Jan 2016

The Magic 8 Ball says -The Supreme Court’s Montanile Decision and The Seemingly Random Evolution of Supreme Court ERISA Remedies Jurisprudence

It's a common fact pattern. A plan participant is injured and received benefits for treatment of his injuries. The participant then sues a third


Seyfarth Shaw LLP | USA | 21 Dec 2015

Equitable in Name Only?: Tracing a Long and Tortured Path

Knowingly spending money that isn't yours sounds like a no-no, but depending on how the Supreme Court rules in Montanile v. Board of Trustees of the


Seyfarth Shaw LLP | USA | 26 Jul 2013

Private equity funds and withdrawal liability

There are roughly 1,500 multiemployer pension plans covering more than 10 million American workers and retirees. A March report by the U.S


Seyfarth Shaw LLP | USA | 18 Jun 2013

Seventh Circuit holds that Amara allows recovery of money damages under ERISA Section 502(a)(3)

On June 13, 2013, the Seventh Circuit held that the Supreme Court's decision CIGNA Corp. v. Amara authorized an ERISA plaintiff seeking equitable


Seyfarth Shaw LLP | USA | 14 Mar 2013

Court declines to follow Amara Dicta on surcharge and denies plaintiff’s claim for reimbursement for denied medical procedure under ERISA 502(a)(3)

In Plambeck v. The Kroger Co., et al., No. CIV. 11-5054-JLV (D.S.D. Mar. 11, 2013), Plaintiff underwent back surgery that she believed to be covered


Seyfarth Shaw LLP | USA | 13 Sep 2012

Sixth Circuit affirms decision finding entities with any control over funds are fiduciaries

On August 20, 2012, the Sixth Circuit affirmed a district court’s decision that a third-party administrator breached its fiduciary duties to a number of employee benefit plan sponsors by paying its own expenses with funds that were supposed to pay participant claims despite language in the relevant contracts that expressly stated that it was not a fiduciary.


Seyfarth Shaw LLP | USA | 29 May 2012

Sixth Circuit rejects alternative-investment theory for measuring damages in stock-drop case, holds plaintiff benefitting from alleged fiduciary breach cannot proceed

On Friday, in Taylor v. KeyCorp, Nos. 10-4163, -4198, -4199, (6th Cir. May 25, 2012), the Sixth Circuit affirmed a district court’s dismissal in an ERISA stock-drop case, holding the remaining proposed named class plaintiff lacked standing because she could not establish an “injury in fact” when she sold the majority of her holdings in the company stock for a profit at a time she claims the stock was artificially inflated.


Seyfarth Shaw LLP | USA | 16 May 2012

Moench presumption is here to stay: two appellate courts affirm dismissal of stock drop cases at pleadings stage

On May 8, 2012, the Eleventh and Second Circuits affirmed two district court dismissals of “stock drop” cases at the pleadings stage, joining the long line of recent decisions that demonstrate skepticism towards stock drop claims.

Previous page 1 2