The Second Circuit recently had occasion to provide guidance to the lower courts on the standard for evaluating an ERISA attorneys’ fee application following the U.S. Supreme Court’s ruling in Hardt v. Reliance Standard Life...more
The First Circuit recently held, in line with other circuits, that the statute of limitations for a claim of underpayment of long-term disability benefits does not accrue with each monthly benefit payment made, but instead...more
In Quest Diagnostics v. Bomani, et al., 11-CV-00951 (D. Conn., June 19, 2013), the court granted Quest Diagnostic’s (“Quest”) motion for summary judgment, ruling that Quest, as the fiduciary to its self-insured medical plan,...more
This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more
5/13/2013
/ 403(b) Plans ,
Affordable Care Act ,
Class Action ,
Class Certification ,
Comcast v. Behrend ,
Damages ,
Disclosure Requirements ,
Employee Retirement Income Security Act (ERISA) ,
Heimeshoff v. Hartford Life & Accident Insurance Co. ,
IRS ,
Multiemployer Plan ,
Pensions ,
Private Equity Funds ,
SCOTUS ,
Statute of Limitations ,
Sun Capital Partners ,
Transparency ,
Waivers
In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, 2012 WL 5197117 (D. Mass. Oct. 18, 2012), a federal district court in Massachusetts concluded that a private equity fund was not a...more
In Tibble v. Edison Int’l, 10-cv-56406, 2013 WL 1174167 (9th Cir. Mar. 21, 2013), the Ninth Circuit Court of Appeals ruled that 401(k) plan fiduciaries breached their duty of prudence in selecting investment options for the...more
In this Issue:
- Editor's Overview
- Risk of Addiction Relapse May Entitle Plan Participants to Disability Benefits
- Rulings, Filings, and Settlements of Interest
...more
In This Issue:
- Editor's Overview
- View from Proskauer: Are Your Conversations Privileged under ERISA?
- Rulings, Filings, and Settlements of Interest
...more
2/19/2013
/ 401k ,
Attorney-Client Privilege ,
COBRA ,
Confidential Communications ,
Conflicts of Interest ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Fiduciary Duty ,
Health Insurance ,
Overpayment ,
Standing ,
Statute of Limitations ,
Third-Party
In This Issue:
- Editors' Overview
- The Future Role of Experts in ERISA Class
- View from Proskauer: Health Insurance Exchanges and Retiree Medical Exits--Five Ways To Make Sure It's Really a "Soft...more
In This Issue:
- Editors' Overview
- Supreme Court Revisits Meaning of 'Appropriate Equitable Relief' in US Airways v. McCutchen
- Rulings, Filings, and Settlements of Interest
...more