Thanks to two cases about federally mandated observers on fishing boats, judicial deference to agencies is likely to soon get weaker – and more unpredictable – with wide-ranging impacts for employee benefits. Less deference...more
2/22/2024
/ Benefit Plan Sponsors ,
Chevron Deference ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Environmental Social & Governance (ESG) ,
IRS ,
Loper Bright Enterprises v Raimondo ,
Private Letter Rulings ,
Proposed Rules ,
SCOTUS
When you finally reach an agreement to settle a hotly contested class action, you want more than anything for the court to approve your settlement agreement and for the case to be over. But, to get to the end of the case,...more
2/7/2023
/ American Bar Association (ABA) ,
Class Action ,
Class Action Settlement ,
Class Members ,
Cy Pres Funds ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
Fund Distribution ,
Litigation Strategies ,
Qualified Settlement Funds ,
Settlement Agreements ,
Settlement Negotiations
“Top hat plans” have many attractive features, but a new court decision is a reminder that top hat plan participants have limited protections under ERISA – and that assets held in a rabbi trust are not protected from the...more
Compliance with the Affordable Care Act (ACA) has resulted in increased health benefit costs for many employers. A recent court decision demonstrates that while programs to reduce the number of full-time employees may lower...more
2/16/2016
/ Affordable Care Act ,
Class Action ,
Corporate Counsel ,
Employee Retirement Income Security Act (ERISA) ,
Employer Healthcare Costs ,
Full-Time Employees ,
Health Insurance ,
Motion to Dismiss ,
Popular ,
Section 510 ,
Shared Responsibility Rule
The Supreme Court of the United States has issued its highly anticipated decision in Fifth Third Bancorp v. Dudenhoeffer, No. 12-751. In an opinion written by Justice Breyer for a unanimous court, the Supreme Court held...more
The Supreme Court of the United States has agreed to resolve a circuit split about how courts should interpret collective bargaining agreements that provide for health insurance benefits for retired employees in M&G Polymers...more
The Supreme Court of the United States ruled that an ERISA plan may properly impose a reasonable time limit on filing a lawsuit to recover benefits. Such time may start to run even before completion of the required...more
The Supreme Court of the United States granted certiorari in Fifth Third Bancorp v. Dudenhoeffer, suggesting that the Supreme Court will resolve the current division among U.S. circuit courts regarding the application of the...more
Recent complaints challenging the “church plan” status of certain pension plans maintained by church-sponsored hospital systems may signal the beginning of a new wave of lawsuits challenging underfunded church pension plans. ...more