Howard Shapiro

Howard Shapiro

Proskauer Rose LLP

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Supreme Court Dispenses With the Yard-Man Inferences

In a decision watched closely by both employers and unions, a unanimous Supreme Court has resolved a thirty-plus year split among the circuit courts on the standards governing claims for retiree health-care benefits arising...more

1/29/2015 - CBAs Collective Bargaining Employer Group Health Plans Employer Healthcare Costs Health Insurance M&G Polymers v Tackett Retirement SCOTUS Vested Benefits Yard Man

Supreme Court Announces “Wipe-Out” of Yard-Man Presumption in Advance of Storm

With storm clouds threatening in the northeast, the Supreme Court cast a ray of sunlight for employers today by rejecting the use of a problematic inference in adjudicating claims for retiree benefits brought pursuant to...more

1/27/2015 - Collective Bargaining Retirement SCOTUS Yard Man

The ERISA Litigation Newsletter

Editor's Overview - As it is well known, in Cigna Corp. v. Amara, 131 S. Ct. 1866 (2011), the U.S. Supreme Court identified several forms of appropriate equitable relief that may be available under Section 502(a)(3) of...more

11/19/2014 - ADEA Choice-of-Venue CIGNA v Amara Compensatory Awards Employer Group Health Plans Employer Liability Issues Equitable Estoppel Equitable Relief Equitable Surcharge ERISA FSA IRS Life Insurance Reformation SCOTUS

The ERISA Litigation Newsletter

Editor's Overview - As the summer draws to a close, no one would fault you if you missed the Fourth Circuit's decision in Tatum v. RJR Pension Investment Committee, which was published on August 4th. However, plan...more

9/11/2014 - 401k Employer Liability Issues ERISA FIfth Third Bancorp v Dudenhoeffer Loss Causation RJR Nabisco Shareholders

The ERISA Litigation Newsletter - July 2014

Editor's Overview - The end of the U.S. Supreme Court's term brought two significant ERISA decisions. The first concerns the standard of review that courts apply when evaluating ERISA stock-drop claims. As discussed...more

7/17/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Employer Mandates ERISA FIfth Third Bancorp v Dudenhoeffer Hobby Lobby Mental Health Parity Rule Religious Exemption Religious Freedom Restoration Act SCOTUS Stock Drop Litigation

The ERISA Litigation Newsletter - June 2014

Editor's Overview - In this month's issue, our authors address severance benefit claims and ERISA disclosure requirements. In our first article, Joe Clark addresses whether a plan administrator should conduct an...more

6/16/2014 - Affordable Care Act Disclosure Requirements Employee Rights Employer Liability Issues ERISA Evidentiary Rulings Hiring & Firing Plan Administrators Reporting Requirements Settlement Severance Agreements Severance Pay

The ERISA Litigation Newsletter - September 2013

Editor's Overview - Health care issues make the headlines once again in this month's ERISA Litigation Newsletter. Tzvia Feiertag first provides practical and timely tips for insured ERISA health plan sponsors on...more

9/18/2013 - Benefit Plan Sponsors DOL DOMA Employee Benefits ERISA Healthcare MLR Rebate Same-Sex Marriage SCOTUS US v Windsor

First Post-Windsor ERISA Decision

In the first reported ERISA decision post-Windsor, the U.S District Court for the Eastern District of Pennsylvania held (in Cozen O’Connor, P.C. v. Jennifer Tobits) that a same-sex spouse is to be treated as the decedent’s...more

8/2/2013 - Death Benefits Employee Benefits ERISA Retirement Plan Same-Sex Marriage Surviving Spouse US v Windsor

The ERISA Litigation Newsletter - July 2013

As Amy Covert and Aaron Feuer discuss below, the U.S. Supreme Court granted certiorari in Heimeshoff v. Hartford Life & Accident Insurance Co. where it is expected to rule next term on whether plan sponsors may dictate in the...more

7/12/2013 - Affordable Care Act Certiorari Compensation & Benefits ERISA Fees Form 720 Hartford Life and Accident Insurance Company Heimeshoff v. Hartford Life & Accident Insurance Co. Insurers PCORI SCOTUS Statute of Limitations

The ERISA Litigation Newsletter - April 2013

Editor's Overview - The importance of clear and unambiguous plan language cannot be overstated. The Second Circuit recently applied this well-established principle to conclude that a plan's administrative claims process must...more

4/12/2013 - Benefit Plan Sponsors Claim Procedures ERISA Pensions

The ERISA Litigation Newsletter - December 2012

In This Issue: - Editors' Overview - Supreme Court Revisits Meaning of 'Appropriate Equitable Relief' in US Airways v. McCutchen - Rulings, Filings, and Settlements of Interest ...more

12/20/2012 - Appropriate Equitable Relief Employer Group Health Plans ERISA Medical Reimbursement Patent Exhaustion Preemption Retirement Plan Standard of Review Statutory Penalties

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