Chris Scheithauer

Chris Scheithauer

McDermott Will & Emery

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Sixth Circuit Rejects Claim that Disgorgement of Profits Is Appropriate Remedy in ERISA Benefit Denial Action

On March 5, 2015, the U.S. Court of Appeals for the Sixth Circuit, sitting en banc in the matter of Rochow v. Life Insurance Company of North America, 2015 WL 925794 (6th Cir. Mar. 5, 2015), reversed the finding of a prior...more

3/17/2015 - Breach of Duty Denial of Benefits Disability Benefits Disgorgement Equitable Relief ERISA Fiduciary Duty Section 502

California Imposes Mandatory Sick Leave Law

On September 10, 2014, California’s Healthy Workplaces, Healthy Families Act of 2014 (California’s sick leave law) became law. The new law requires most employers to allow employees to accrue up to three days of paid sick...more

12/3/2014 - Employee Rights Paid Leave Recordkeeping Requirements Sick Leave

Supreme Court Rejects “Presumption of Prudence,” Adopts New Pleading Standards in Fifth Third Bancorp v. Dudenhoeffer

The Supreme Court of the United States has issued its highly anticipated decision in Fifth Third Bancorp v. Dudenhoeffer, No. 12-751. In an opinion written by Justice Breyer for a unanimous court, the Supreme Court held...more

7/9/2014 - Duty of Prudence Employee Benefits ERISA ESOP FIfth Third Bancorp v Dudenhoeffer Pleading Standards Pleadings SCOTUS US Bancorp

Supreme Court Upholds ERISA Plan’s Three-Year Deadline to File a Lawsuit

The Supreme Court of the United States ruled that an ERISA plan may properly impose a reasonable time limit on filing a lawsuit to recover benefits. Such time may start to run even before completion of the required...more

12/17/2013 - Claim Procedures Disability Benefits ERISA Hartford Life and Accident Insurance Company Heimeshoff v. Hartford Life & Accident Insurance Co. Proof of Loss SCOTUS Statute of Limitations

Supreme Court Takes Case About Company Stock Funds and Presumption of Prudence

The Supreme Court of the United States granted certiorari in Fifth Third Bancorp v. Dudenhoeffer, suggesting that the Supreme Court will resolve the current division among U.S. circuit courts regarding the application of the...more

12/16/2013 - Certiorari Duty of Prudence Fiduciary Duty SCOTUS Stocks

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