Last week, two different federal courts came to two different conclusions regarding whether the use of allegedly “outdated” mortality tables violates ERISA’s provisions that certain lifetime annuities be “actuarially...more
3/25/2026
/ Actuarial Values ,
Annuities ,
Appellate Courts ,
Benefit Plan Sponsors ,
Class Action ,
Defined Benefit Plans ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary Duty ,
Motion to Dismiss ,
Plan Administrators ,
Plan Participants ,
Split of Authority ,
Statutory Interpretation
A spate of new lawsuits, all by the same plaintiff’s firm, look to establish a new, niche area of ERISA liability.
A prominent plaintiff's firm has recently filed four coordinated lawsuits that could expose an entirely...more
2/19/2026
/ Benefit Plan Sponsors ,
Broker Commissions ,
Class Action ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Responsibilities ,
ERISA Litigation ,
Fiduciary Duty ,
Form 5500 ,
Insurance Brokers ,
Insurance Industry ,
Plan Participants ,
Prohibited Transactions ,
Putative Class Actions
Recently, companies have seen a spate of class action lawsuits challenging the legality of tobacco cessation wellness programs and related tobacco surcharges imposed by their employer-sponsored health benefit plans....more
8/6/2025
/ Benefit Plan Sponsors ,
Class Action ,
Corporate Counsel ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Enforcement Actions ,
ERISA Litigation ,
Fiduciary Duty ,
Health and Welfare Plans ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Violations ,
Notice Requirements ,
Popular ,
Regulatory Requirements ,
Tobacco ,
Wellness Programs
On April 17, 2025, the Supreme Court decided Cunningham v. Cornell University, unanimously holding that a plaintiff can state a valid claim under ERISA by merely alleging that a plan used “plan assets” to pay a service...more
4/25/2025
/ 401k ,
Benefit Plan Sponsors ,
Cunningham v Cornell University ,
Defined Contribution Plans ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary Duty ,
Motion to Dismiss ,
Prohibited Transactions ,
Retirement Plan ,
SCOTUS