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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 | 10 Oct 2018

ERISA University Excessive Fee Cases Take Another Hit

Excessive fee complaint dismissed because the diverse selection of funds available to plan participants negates any claim that


Seyfarth Shaw LLP | USA | 6 Aug 2015

Is an asset purchaser liable for seller’s withdrawal liability?

Many asset buyers believe that, as long as they do not agree to ERISA Section 4204's sale of assets exception to withdrawal liability, they will


Seyfarth Shaw LLP | USA | 29 Aug 2014

Employer has no claim against multiemployer trustees for mismanagement

On August 14, 2014, in DiGeronimo Aggregates, LLC, Case No. 13-4389 (6th Cir. August 14, 2014), the Sixth Circuit Court of Appeals held that


Seyfarth Shaw LLP | USA | 24 Apr 2014

It is not a duck: New Jersey court holds a surcharge is not a contribution for purposes of determining a withdrawn employer’s payment schedule

Since the passage of the Pension Protection Act in 2006, there has been an ongoing debate as to whether a surcharge imposed by a multiemployer


Seyfarth Shaw LLP | USA | 18 Feb 2014

No harm but still foul? Harm not required for a plaintiff to obtain monetary relief under plan reformation theory

When it comes to monetary damages, usually a plaintiff must show some type of harm to recover. That apparently is not the case, however, when seeking


Seyfarth Shaw LLP | USA | 10 Jul 2013

Bullock cannot save ERISA fiduciary, a sole corporate shareholder whose company failed to make multiemployer fund contributions, from being unable to discharge his liability through personal bankruptcy

Fiduciaries who breach their duties may pay the consequences far longer than they may think, for they may not even be able to escape liability


Seyfarth Shaw LLP | USA | 15 May 2013

7th Circuit: one step closer to gutting stock drop liability

Recently, in White, et. Al. V. Marshall & Ilsley Corp., the Seventh Circuit concluded that a claim against an Employee Stock Ownership Plan can be


Seyfarth Shaw LLP | USA | 21 Feb 2013

Still under (common) control owner-landlords and property rental company jointly and severally liable for trucking company’s withdrawal liability.

"Mom and Pop" learned the hard way that the Seventh Circuit will not hesitate to find business owners who own rental real estate and other commonly


Seyfarth Shaw LLP | USA | 31 Oct 2012

Ninth Circuit: extends fiduciary exception to attorney-client privilege to insurers; holds district court failed to properly weigh plan administrator’s structural conflict of interest

On September 12, 2012, the Ninth Circuit held that the fiduciary exception to the attorney-client privilege applies to insurance companies that serve as ERISA fiduciaries and plan sponsors.

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