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Article

Proskauer Rose LLP | USA | 18 Dec 2014

How to settle an ERISA breach of fiduciary duty case and sleep at night: a checklist for plan trustees to consider

Plan trustees often look to settle ERISA fiduciary breach claims brought against them as a way to put the past behind them. Assuming there is enough

Article

Proskauer Rose LLP | USA | 9 Sep 2011

"Surcharge" as monetary relief after Amara

In CIGNA Corporation v. Amara, 131 S. Ct. 1866 (U.S. 2011), the Supreme Court held that ERISA plaintiffs who seek anything other than benefits pursuant to the governing plan document cannot assert their claims under ERISA Section 502(a)(1)(B).

Article

Proskauer Rose LLP | USA | 3 Nov 2010

Rulings, filings and settlements of interest

In Matschiner v. Hartford Life & Accident Ins. Co., 2010 WL 3910217 (8th Cir. Oct. 7, 2010), the Eighth Circuit applied the “plan documents rule” established by the Supreme Court in Kennedy v. Plan Administrator for DuPont Savings & Investment Plan, 129 S.Ct. 865 (2009), and concluded that Hartford properly paid benefits pursuant to a beneficiary designation form rather than a Nebraska state divorce decree that purported to divest the decedent’s ex-husband of his right to the benefits.

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