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Plan Fiduciaries Continue to Defeat BlackRock Target Date Fund Class Actions

Last August, we summarized the string of cases filed against fiduciaries of401(k) plans that offer the BlackRock target date funds (TDFs) as investment options to plan participants. All of the complaints were nearly identical...more

Supreme Court Decides Santos-Zacaria v. Garland

On May 11, 2023, the U.S. Supreme Court decided Santos-Zacaria v. Garland, No. 21-1436, reversing the Fifth Circuit Court of Appeals and holding that the requirement that immigration petitioners challenging orders of removal...more

ERISA Litigation Roundup: Seventh Circuit Confirms DOL’s Broad Subpoena Power

In Walsh v. Alight Solutions, LLC, — F.4th —, 2022 WL 3334450 (7th Cir. Aug. 12, 2022), the Seventh Circuit affirmed a district court order requiring Alight Solutions to produce documents in response to a Department of Labor...more

ERISA Litigation Roundup: In the Aftermath of Hughes, Seventh Circuit Affirms Dismissal of Excessive Fee Lawsuit

On August 29, 2022, the Seventh Circuit decided Albert v. Oshkosh Corporation, affirming a district court’s dismissal of breach of fiduciary claims related to Oshkosh Corporation’s management of its 401(k) plan, and striking...more

Federal District Court Invalidates Some Surprise Billing Rules: What It Means for the No Surprises Act

On February 23, 2022, the United States District Court for the Eastern District of Texas invalidated portions of Part II of the interim final rule (“IFR”) issued by the U.S. Departments of Health and Human Services, Labor,...more

First Circuit Rejects “Presumption in Favor of Accident” in Accidental Death Benefit Disputes

The First Circuit recently held that it is inappropriate to apply any kind of “presumption in favor of accident” in cases involving claims under accidental death and dismemberment (AD&D) policies, even in cases transferred...more

Thinking ESOPs: Court Rejects DOL Claims of ESOP Overpayment

The board of directors of Bowers + Kubota Consulting, Inc. recently won an employee stock ownership plan (ESOP) fiduciary/breach case brought against them by the Department of Labor. See Walsh v. Bowers, et al., No....more

ERISA Litigation Roundup: The DOL Determines That Audio Recordings Must Be Produced Under ERISA’s Claim Regulations

On June 14, 2021, the Department of Labor (DOL) issued “Information Letter 06-14-2021,” providing guidance to plan fiduciaries on their duty to disclose and produce recordings or transcripts of phone calls between benefit...more

Supreme Court Decides National Collegiate Athletic Association v. Alston

On June 21, 2021, the U.S. Supreme Court decided National Collegiate Athletic Association v. Alston, unanimously holding that the NCAA’s restrictions on education-related benefits for college athletes violates federal...more

Supreme Court Decides Garland v. Ming Dai

On June 1, 2021, the U.S. Supreme Court decided Garland v. Ming Dai, overruling the Ninth Circuit’s longstanding “deemed-true-or-credible” rule that required reviewing courts to treat noncitizens’ testimony as credible and...more

ERISA Litigation Roundup: Federal District Court Finds ERISA Plan Participants Lack Standing to Challenge Cross-Plan Offsetting

On May 20, 2021, a federal judge in the U.S. District Court for the District of Minnesota dismissed breach of fiduciary duty claims against UnitedHealth Group, holding that participants in ERISA-governed, employer-sponsored...more

Supreme Court Decides Guam v. United States

On May 24, 2021, the U.S. Supreme Court decided Guam v. United States, holding that contribution under CERCLA does not arise until there is a CERCLA-specific liability, even if there is a settlement that resolves liability...more

ERISA Litigation Roundup: Another Court Finds 401(k) Plan Participant Data Is Not a Plan Asset

The Southern District of Texas has dismissed breach of fiduciary duty claims against Fidelity Investments, holding that participant data is not a plan asset and that Fidelity did not improperly use that data. Harmon v. Shell...more

Supreme Court Decides Thole v. U.S. Bank N.A.

On June 1, 2020, the U.S. Supreme Court decided Thole v. U.S. Bank N.A., holding that participants in a defined-benefit pension plan who have so far been paid all of their pension benefits lack Article III standing to sue for...more

COVID-19 Joint Agency Relief Part 2: Guidance for Implementing Claim-Related Deadline Extensions

As described in our May 1 blog post, in response to the COVID-19 pandemic, the Employee Benefits Security Administration, the Department of Labor (DOL), and the Internal Revenue Service, the Department of the Treasury...more

Supreme Court Decides Intel Corporation Investment Policy Committee v. Sulyma

On February 26, 2020, the U.S. Supreme Court decided Intel Corporation Investment Policy Committee v. Sulyma, holding that, for purposes of ERISA’s three-year statute of limitations, a plan beneficiary does not have “actual...more

Supreme Court Decides Monasky v. Taglieri

On February 25, 2020, the U.S. Supreme Court decided Monasky v. Taglieri, holding that the determination of a child’s “habitual residence” for purposes of the Hague Convention depends on a totality-of-the-circumstances...more

Supreme Court Decides Taggart v. Lorenzen

On June 3, 2019, the Supreme Court decided Taggart v. Lorenzen, No. 18-489, holding that a court may hold a creditor in civil contempt for violating a bankruptcy court’s discharge order as long as there is “no fair ground of...more

Supreme Court Decides Apple Inc. v. Pepper

On May 13, 2019, the Supreme Court decided Apple Inc. v. Pepper, No. 17-204, holding that iPhone owners who purchase apps from Apple’s App Store are “direct purchasers” from Apple and may sue Apple for alleged monopolization...more

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