Seyfarth Synopsis: A recent decision from the Eastern District of Michigan serves as a reminder that—while courts are often quick to certify classes in ERISA cases—plaintiffs must satisfy the requirements of Rule 23 and that...more
3/29/2023
/ Breach of Duty ,
Class Action ,
Class Certification ,
Class Representatives ,
Compensation & Benefits ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
FRCP 23(a) ,
Investment Management ,
Retirement Plan
Seyfarth Synopsis: Recognizing that the Plan contained an unambiguous arbitration provision, and that “ERISA claims are generally arbitrable,” the Seventh Circuit Court of Appeals nonetheless found that arbitration could not...more
Seyfarth Synopsis: A recent case from the Eastern District of Pennsylvania reaffirms the basic principle that a threshold element of any ERISA claim is pleading the existence of an ERISA plan....more
The Fourth Circuit found in favor of an insurer on a claim for life insurance benefits, finding the insured’s failure to submit the required evidence of insurability was not excused by his employer having wrongly deducted...more
6/20/2018
/ Breach of Duty ,
Breach of Trust ,
Discovery ,
Eligibility ,
Employee Benefits ,
Evidence of Insurability (EIF) ,
Fiduciary Duty ,
Insurance Claims ,
Life Insurance ,
Putative Class Actions ,
Summary Judgment
Seyfarth Synopsis: Since August 2016, sixteen elite colleges and universities have faced class action lawsuits related to management of their retirement plans. After five cases previously survived motions to dismiss, the...more
9/28/2017
/ Breach of Duty ,
Class Action ,
Colleges ,
Dismissals ,
Employee Benefits ,
Excessive Fees ,
Fiduciary Duty ,
Fraud ,
Investment Companies ,
Investment Management ,
Penn State ,
Retirement Plan ,
Universities