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Seyfarth Shaw LLP | USA | 4 Sep 2018

No Quick Exit On 401(k) Class Action Alleging Imprudent Proprietary Fund Offerings

A district court recently denied a motion to dismiss a 401(k) proprietary fund class action, continuing an overwhelming trend of


Seyfarth Shaw LLP | USA | 24 Jul 2017

The Supreme Court Indirectly Stiffens A Fiduciary Breach Time Limit And Helps ERISA Fiduciaries In The Process

The Supreme Court appears to have barred equitable tolling under ERISA Section 413’s six-year statute of repose for fiduciary


Seyfarth Shaw LLP | USA | 7 Apr 2015

No cover-up needed: Tenth Circuit rules that fraudulent concealment not required to toll the general limitations period for fiduciary breach claims

In the latest chapter in a long-running battle about retiree health and life insurance benefits, the Tenth Circuit recently brought retiree


Seyfarth Shaw LLP | USA | 24 Oct 2014

Sixth Circuit “unfriends” DOL: no “regulation by amicus” for ERISA venue selection clauses

Sixth Circuit judges might not expect holiday cards from the folks at the DOL this year. In a recent opinion involving ERISA venue selection clauses


Seyfarth Shaw LLP | USA | 1 May 2014

Getting from A to B you have no class! Spotting lack of commonality and typicality in ERISA class actions

ERISA class actions can drag on for years. Defending them is costly, so expensive nuisance settlements are tempting, regardless of the merits


Seyfarth Shaw LLP | USA | 22 Jan 2014

ERISA plaintiffs’ attorneys find small victories can be winning lottery tickets

These days, even small victories can add up to hefty fee awards for ERISA plaintiffs' counsel. Under the bedrock litigation principle known as the


Seyfarth Shaw LLP | USA | 21 Jun 2013

Tough pill to swallow: Ninth Circuit declines to apply presumption of prudence where plan terms do not require or encourage investment in employer stock

The Ninth Circuit recently grappled with whether the presumption of prudence, which normally protects fiduciaries in stock drop class actions


Seyfarth Shaw LLP | USA | 15 Feb 2013

It’s an ERISA plan? District court construes group discount as employer contribution under DOL group insurance Safe Harbor analysis

In a recent case presenting the issue whether a supplemental long-term disability ("LTD") policy was subject to ERISA under the DOL ("Safe Harbor")


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.


Seyfarth Shaw LLP | USA | 1 May 2012

Well, at least we know they haven’t decided the issue. The Sixth Circuit refuses to decide whether ERISA’s fiduciary liability statute of limitations is tolled absent active concealment

In Cataldo v. United States Steel Corp., No. 10-3583, the Sixth Circuit Court of Appeals affirmed a district court’s ruling that the claims of 225 current and former employees of U.S. Steel Corporation for breach of fiduciary duty were time-barred under ERISA’s applicable statute of limitations.

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