There has been a recent rise in Employee Retirement Income Security Act of 1974 (ERISA) litigation against third-party administrators (TPAs) and other service providers challenging their management of self-funded health...more
6/2/2025
/ Appeals ,
Breach of Contract ,
Contract Disputes ,
Damages ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary Duty ,
Health Insurance ,
Motion to Dismiss ,
Self-Funded Health Plans
The U.S. Supreme Court on April 17, 2025, issued a greatly anticipated decision in which the justices unanimously held that plaintiffs alleging a prohibited transaction under Section 1106(a)(1)(C) of the Employee Retirement...more
4/23/2025
/ Affirmative Defenses ,
Appeals ,
Article III ,
Cost-Shifting ,
Cunningham v Cornell University ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Federal Rules of Civil Procedure ,
Fiduciary ,
Fiduciary Duty ,
Pleading Standards ,
Prohibited Transactions ,
Retirement Plan ,
Rule 11 ,
Sanctions ,
SCOTUS ,
Standing
Courts have struggled through the years when considering the enforceability of mandatory class action waivers and arbitration provisions contained within Employee Retirement Income Security Act of 1974 (ERISA) plans and other...more
4/1/2021
/ Appeals ,
Arbitration ,
Breach of Duty ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
ERISA Litigation ,
ESOP ,
Federal Arbitration Act ,
Fiduciary Duty ,
Motion to Compel ,
Split of Authority ,
Unenforceable Contract Terms
The U.S. Court of Appeals for the Fifth Circuit issued a potentially landmark decision in Swales v. KLLM Transport Services, L.L.C. on Jan. 12, 2021, rejecting more than 30 years of case law related to conditional...more
1/18/2021
/ Appeals ,
Class Action ,
Class Certification ,
Collective Actions ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Notice Requirements ,
Rules of Civil Procedure
The U.S. Court of Appeals for the Fifth Circuit, in an issue of first impression, has answered a critical question in Fair Labor Standards Act (FLSA) overtime disputes: "Who has the burden of proof on whether bonuses are...more