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Author: Michelle Roberts

Your ERISA Watch – Eighth Circuit Revives Excessive Fee Litigation against Washington University

Retirement plan participants received a partial victory from the Eighth Circuit Court of Appeals in one of several actions brought against large universities for the alleged mismanagement of their section 403(b) retirement-savings plans. In Davis v. Washington Univ. in St.…

Your ERISA Watch – Fifth Circuit Revives Claim Against Humana for Denying Eating Disorder Treatment

We have two notable decisions to report again this week, including one that is a firm victory. Let us start with the good news. The first notable decision, Katherine P. v. Humana Health Plan, Inc., No. 19-50276, __F.3d__, 2020 WL…

Your ERISA Watch – District Court Permits Vast Conflict Discovery in Life Waiver of Premium Dispute Subject to De Novo Review

There were no notable circuit court decisions this past week, so we have chosen to highlight two published district court decisions from matters involving disability claims. The first is favorable to plan participants and the second is not. Is it…

Your ERISA Watch – Johnson & Johnson Escapes Breach of Fiduciary Duty Lawsuit Due to Dudenhoeffer’s Difficult Pleading Standard

This week’s notable decision, Perrone v. Johnson & Johnson, et al., No. CV 19-00923 (FLW), 2020 WL 2060324 (D.N.J. Apr. 29, 2020), is a case involving allegations of investing in company stock when corporate insiders knew, and actively concealed, its…

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