Mark Thomas

Mark Thomas

Williams Mullen

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Fourth Circuit Adopts More Demanding Test for Exercise of Objective Prudence by Retirement Plan Fiduciaries -Tatum v. RJR Pension...

In the latest ruling in a long-running battle arising from company stock fund divestments, the U. S. Court of Appeals for the Fourth Circuit has underscored the importance of procedural prudence in the management of plan...more

8/7/2014 - 401k Appeals Divestiture Duty of Prudence ERISA Fiduciary Duty Nabisco Pensions Retirement Plan RJ Reynolds

D.C. Circuit Rules That "Exhaustion of Administrative Remedies" Is Not Required For Violations of ERISA’S Statutory Guarantees:...

The U. S. Court of Appeals for the District of Columbia Circuit has joined five other federal circuits to rule that pension plan participants need not exhaust a plan’s internal remedial procedures before they file suit in...more

7/8/2014 - Administrative Appeals Employee Benefits ERISA U.S. Airways

Seventh Circuit Interprets ERISA’s Statute of Limitations for Fiduciary Breach: Fish v. GreatBanc Trust Company

The Seventh Circuit Court of Appeals in Fish v. GreatBanc Trust Company, No. 12-3330 (7th Cir. May 14, 2014), has issued a decision that clarifies the rules for suits for fiduciary breach under ERISA. The decision primarily...more

5/30/2014 - Breach of Duty ERISA Fiduciary Duty Popular Statute of Limitations

“You Can’t Bend It That Way, Beckham”: Federal Court Dismisses Plaintiff’s Attempted Claims for Equitable Relief

Following the U. S. Supreme Court’s decision in CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011), the federal courts have wrestled with the task of defining the scope of remedies for “appropriate equitable relief” under ERISA §...more

4/28/2014 - CIGNA v Amara Equitable Relief ERISA SCOTUS

Court Holds That ERISA Plaintiff Cannot Claim Equitable Remedies When the Plaintiff Has Adequate Remedies to Recover Plan...

A federal court has ruled that, although a recent U. S. Supreme Court decision expanded the kinds of equitable remedies available to a plaintiff under ERISA § 502(a)(3), those remedies are still unavailable when the ERISA...more

2/20/2014 - Aetna CIGNA Employee Benefits Equitable Relief ERISA SCOTUS

The Devil Is In Those Details: Supreme Court Holds That the Clock for the Appeal of an ERISA Decision Began Running Sooner Than...

The U.S. Supreme Court has ruled that the plaintiffs, a group of union-affiliated employee benefit funds (the Funds), waited too late to give notice of their appeal from the trial court’s judgment on the merits of their case...more

1/29/2014 - ERISA Ray Haluch Gravel v International Union of Operating Engineers SCOTUS Statute of Limitations Unions

Court’s Award of $3.8 Million Raises Questions About the Scope of ERISA Remedies

The U.S. Court of Appeals for the Sixth Circuit has affirmed an unusually large award of $3.8 million in a case involving the denial of long-term disability benefits. In Rochow v. Life Insurance Company of North America, No....more

1/23/2014 - Denial of Benefits Disability Benefits Disability Insurance Disgorgement ERISA Fiduciary Liability Plan Administrators

Court Holds That Plan Sponsor’s SEC Filings Were Incorporated By Reference Into Retirement Plan’s Summary Plan Description and...

The U.S. Court of Appeals for the Ninth Circuit has held that an ERISA-regulated employee stock-ownership retirement plan’s incorporation by reference of the plan sponsor’s statements to the Securities and Exchange Commission...more

10/29/2013 - Amgen Inc. v Connecticut Retirement Plans Fiduciary Duty Incorporation by Reference Retirement Plan SEC Stock Options Summary Plan Description

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