Seyfarth Synopsis: The Court of Appeals for the Ninth Circuit has once again upheld against an ERISA preemption challenge, a State private sector benefits mandate, notwithstanding that ERISA provides that the decision to...more
Seyfarth Synopsis: The Supreme Court dismissed, prior to any discovery, claims of ERISA fiduciary breach because the plan participant-plaintiffs failed to show that the alleged breaches caused them concrete injury. ...more
6/8/2020
/ Article III ,
Breach of Duty ,
Defined Benefit Plans ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Injury-in-Fact ,
Investment Adviser ,
Mismanagement ,
Pensions ,
Plan Participants ,
Retirement Plan ,
SCOTUS ,
Standing ,
Thole v U.S. Bank
Seyfarth Synopsis: Administrators of ERISA plans frequently receive requests from participants, beneficiaries, and their representatives for plan-related documents. A recent decision from the Court of Appeals for the Fifth...more
12/3/2019
/ Beneficiaries ,
Corporate Counsel ,
Document Management ,
Document Requests ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Failure to Produce ,
Fiduciary Duty ,
Form 5500 ,
Multiemployer Plan ,
Pensions ,
Plan Administrators ,
Plan Documents ,
Retirement ,
Retirement Plan ,
Statutory Penalties ,
Statutory Violations
Synopsis: A recent decision by the District Court from the Southern District of New York shows why it often makes sense to consider, on a privileged basis, the universe of potential defendants to a withdrawal liability...more
Seyfarth Synopsis: The Seventh Circuit has now applied a clear error standard of review to a withdrawal liability arbitrator’s interpretation of a collective bargaining agreement, thus enhancing the role of the arbitrator in...more
1/16/2018
/ Arbitration ,
Arbitrators ,
Collective Bargaining Agreements (CBA) ,
Employee Benefits ,
Employment Litigation ,
Pension Funds ,
Pensions ,
Retirement Plan ,
Standard of Review ,
Unions ,
Withdrawal Liability
Seyfarth Synopsis: The Supreme Court has held unanimously that a 1980 amendment to ERISA means that a pension benefit plan need not be established by a church in order to be exempt from ERISA rules, including most...more
6/6/2017
/ Advocate Health Care v Stapleton ,
Church Plans ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Exemptions ,
IRS ,
PBGC ,
Pensions ,
Religious Institutions ,
SCOTUS
Seyfarth Synopsis: The Supreme Court’s grant of certiorari in three Church Plan cases presents the possibility that many Church Plans thought for years to be exempt from ERISA rules, including its funding rules, will now have...more
12/15/2016
/ Actual Injuries ,
Advocate Health Care v Stapleton ,
Article III ,
Certiorari ,
Church Plans ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Exemptions ,
Future Harm ,
IRS ,
Kaplan v St. Peters Healthcare System ,
PBGC ,
Pensions ,
Religious Institutions ,
Rollins v Dignity Health ,
SCOTUS ,
Spokeo v Robins ,
Standing