Russell Hirschhorn

Russell Hirschhorn

Proskauer Rose LLP


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The Supreme Court’s Decision to Affirm An Arbitrator’s Decision Compelling Class Arbitration May Be Most Notable For What Was Not...

ERISA plan sponsors, and employers more broadly, have been anxiously awaiting two rulings from the U.S. Supreme Court that they hope would clarify the ability to enforce class action waivers in arbitration agreements....more

6/12/2013 - Arbitration Agreements Class Action ERISA SCOTUS Waivers

U.S. Supreme Court Rules That Plan Terms Trump Equitable Defenses

Today, the U.S. Supreme Court issued its ruling in U.S. Airways, Inc. v. McCutchen in which the Court unanimously ruled that a clearly drafted reimbursement clause will trump all equitable defenses....more

4/17/2013 - McCutchen v. U.S. Airways Reimbursements SCOTUS US Airways

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

Second Circuit Compels Individual Arbitration

The Second Circuit ruled today in Parisi v. Goldman, Sachs & Co. that a plaintiff was required to arbitrate her Title VII claim even though it would effectively preclude her from pursuing a class claim in federal court or in...more

3/22/2013 - Arbitration Class Action Title VII

View From Proskauer: Clear the Confusion to Ensure ERISA Plan Exhaustion

The U.S. Court of Appeals for the Second Circuit recently joined the U.S. Courts of Appeals for the Seventh and Eleventh Circuits in concluding that Employee Retirement Income Security Act plan participants are not required...more

3/19/2013

Second Circuit: Deferential Standard Applies Without Notice To Participants & Reimbursement Claims Are Equitable Relief

Yesterday, the Second Circuit ruled on two important issues of note for ERISA plan sponsors and plan fiduciaries. In Thurber v. Aetna Life Insurance Co., 2013 WL 950704 (2d Cir. Mar. 13, 2013), the Court ruled that...more

3/15/2013

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