Todd Mobley

Todd Mobley

Proskauer Rose LLP

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The ERISA Litigation Newsletter - May 2014

Editor's Overview - This month our authors explore two important areas of ERISA's fiduciary duties applicable to single employer and multiemployer plans. First, Neal Schelberg and Aaron Feuer comment on a growing trend...more

5/23/2014 - Bankruptcy Code Collective Bargaining Employer Contributions Employer Liability Issues ERISA Fiduciary Duty Multiemployer Plan Retirement Plan SCOTUS Trust Assets

Courts Continue to Apply Presumption of Prudence While Awaiting the USSC’s Views

As the employee benefits world awaits the U.S. Supreme Court’s decision in Dudenhoeffer v. Fifth Third Bancorp, two federal courts recently dismissed employer stock-drop cases brought under ERISA on the ground that plaintiffs...more

4/30/2014 - ERISA Fiduciary Duty FIfth Third Bancorp v Dudenhoeffer SCOTUS

Defendants See Success With Limitations Defenses Post Heimeshoff

Defendants have recently received three favorable decisions involving contractual and statutory limitations defenses. In each case, a federal court held that claims for benefits under ERISA plans were time-barred. Costa v....more

3/13/2014 - ERISA Heimeshoff v. Hartford Life & Accident Insurance Co. SCOTUS Statute of Limitations

U.S. Supreme Court: A Decision on the Merits Triggers the Time to Appeal Irrespective of a Pending Contractual or Statutory...

The U.S. Supreme Court ruled in a unanimous opinion that an unresolved claim for attorney’s fees does not prevent a decision on the merits of an ERISA suit from becoming final for purposes of the deadline to file a notice of...more

1/28/2014 - Appeals Appellate Rules Attorney's Fees ERISA Ray Haluch Gravel v International Union of Operating Engineers SCOTUS

The ERISA Litigation Newsletter - January 2014

This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and...more

1/21/2014 - Blue Cross Burden of Proof Cafeteria Plans Class Action Class Certification Comcast Contraceptive Coverage Mandate Daubert Standards Discrimination ERISA Flexible Spending Accounts General Motors Health Savings Accounts Human Resources Professionals IRA Predominance Requirement Rule 23 Same-Sex Marriage SCOTUS Subject Matter Experts Wal-Mart

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

The Post-DOMA World Relating to ERISA-Governed Employee Benefit Plans

As a result of the U.S. Supreme Court’s decision in United States v. Windsor, 133 S. Ct. 2675 (2013), in which the Court held that Section 3 of the federal Defense of Marriage Act (“DOMA”) was unconstitutional, same-sex...more

9/11/2013 - DOMA Employee Benefits ERISA IRS Marriage Same-Sex Marriage SCOTUS US v Windsor

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