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Poyner Spruill LLP | USA | 4 Feb 2014

Same sex marriages: are you filing your taxes properly?

In late 2013, I met with my first same sex couple clients since the U.S. Supreme Court overruled the Defense of Marriage Act (DOMA) last year. If you


Winston & Strawn LLP | USA | 14 Jun 2013

Executive does the right thing - and gets screwed for it!

A case decided last month in federal court in North Carolina, Yarber v. Capital Bank Corporation, involved a factual situation that many private


Kilpatrick Townsend & Stockton LLP | USA | 8 Apr 2013

Tatum v. R.J. Reynolds Tobacco Co., et al.: real implications for ERISA’s “hypothetical prudent fiduciary” standard

On February 25, 2013, the U.S. District Court for the Middle District of North Carolina issued an opinion and final judgment ruling in favor of


Williams Mullen | USA | 19 Jul 2011

Court requires strict adherence to plan amendment provisions: Tatum v. R.J. Reynolds Tobacco Co., No. 1:02-CV-373 (M.D.N.C. June 1, 2011)

The U.S. District Court for the Middle District of North Carolina has decided a significant issue in the long-pending “plan mismanagement” action against R.J. Reynolds Tobacco Company (“RJR Tobacco”) for alleged ERISA violations concerning the elimination of certain investments in its retirement plan (the “RJR Tobacco Plan”).


Williams Mullen | USA | 13 Sep 2010

Recent case holds that ERISA plan fiduciaries cannot seek reimbursement from the contingency fee award to the participant’s attorney

A recent decision in the U. S. District Court for the Eastern District of North Carolina has held that a plan administrator with a claim against the insured for amounts recovered from a third party for medical benefits cannot pursue equitable remedies against the contingency fee attorney under the Employee Retirement Income Security Act of 1974 (“ERISA”).


Ogletree Deakins | USA | 22 Oct 2009

A non-ERISA short-term disability plan gives employer reasonable discretion to determine benefits eligibility

A federal court in North Carolina recently held that an employer that provided non-ERISA short-term disability (STD) benefits for employees under a written policy had the discretion to determine whether an employee met the definition of “disabled” so long as it exercised the discretion in a reasonable manner and in good faith.

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