Tulio Chirinos

Proskauer Rose LLP

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District Court Allows ERISA Section 510 Retaliation Claim to Proceed

A federal district court in Pennsylvania concluded that Irene Najmola, a former employee of Chester County Hospital, sufficiently pled a retaliation claim under ERISA section 510 by alleging that her employment was terminated...more

8/19/2014 - Disability Employer Liability Issues ERISA Retaliation

Plan Sponsors’ Decision to Change Form of Employer Contributions Not A Fiduciary Function

The Second Circuit recently held that Morgan Stanley and others were not de facto ERISA fiduciaries by virtue of having authority and means to fund company contributions with stock rather than cash. In so ruling, the Court...more

6/9/2014 - Benefit Plan Sponsors Employee Benefits ERISA Morgan Stanley

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

Eighth Circuit: ERISA Plan Beneficiary Designation Trumps Will

The Eighth Circuit held that the named beneficiary of an ERISA governed life insurance policy was entitled to the proceeds even though the decedent’s will named a different beneficiary. Hall v. Metro. Life Ins. Co., 2014 U.S....more

5/14/2014 - Beneficiaries Benefit Plan Sponsors Employee Benefits ERISA Life Insurance

Ohio Court of Appeals Upholds Constructive Trust in Favor of Unnamed Beneficiaries

The Ohio Court of Appeals imposed a constructive trust over the proceeds of an ERISA governed life insurance policy for the benefit of the decedent’s children even though the children were not named beneficiaries of the...more

4/29/2014 - Beneficiaries Constructive Trusts ERISA Trusts

The ERISA Litigation Newsletter - March 2014

Our first article this month addresses the treatment of the attorney-client privilege in employee benefits matters. Pursuant to the so-called "fiduciary exception," communications between an attorney and a plan fiduciary are...more

3/12/2014 - Attorney-Client Privilege Confidential Communications ERISA Fiduciary Duty Legal Advice Privilege

Don’t Waive Privilege: Exclude Unnecessary Service Providers From Meetings

A recent opinion from a federal district court in Massachusetts provides plan sponsors and fiduciaries with a reminder that plan service providers should be excused from meetings where their attendance is not needed to assist...more

2/13/2014 - Attorney-Client Privilege Benefit Plan Sponsors Confidentiality Meeting Minutes

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

District Court Relies on Recent Supreme Court Decision to Uphold Plan Limitations Provision

A federal district court in New Jersey granted summary judgment in favor of New Jersey Bac Health Fund, finding the limitations provision set forth in the Fund’s SPD to be reasonable. Barriero v. NJ Bac Health Fund, 2013 U.S....more

1/16/2014 - Employee Benefits ERISA Heimeshoff v. Hartford Life & Accident Insurance Co. SCOTUS Statute of Limitations

The ERISA Litigation Newsletter - December 2013

This month we look at part two of our three part series on Class Actions. In part two, Robert Rachal, Page Griffin and Madeline Chimento Rea address Wal-Mart's Rule 23(b) principles, including some defenses to plaintiffs' use...more

12/19/2013 - ADEA Affordable Care Act Class Action Class Certification Collective Actions Comcast v. Behrend Declaratory Relief Dukes v Wal-Mart Duty of Prudence ERISA FLSA Injunctions Plan Administrators Rebuttable Presumptions Wal-Mart

“Plan Administrator” vs “Claims Administrator” – Who is the Proper Defendant in ERISA Claim for Benefits?

The issue of who may be a proper defendant in an ERISA claim for benefits has not received consistent treatment in the courts. On the one hand, a federal district court in Minnesota recently concluded that a third party...more

11/25/2013 - Employee Benefits ERISA Plan Administrators

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