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Your ERISA Watch – Court Holds No Seventh Amendment Right to Jury Trial for ERISA Breach of Fiduciary Duty Claims

This week’s notable decision is Moitoso v. FMR LLC, No. CV 18-12122-WGY, __F.Supp.3d__, 2019 WL 4980390 (D. Mass. Oct. 8, 2019), where the court concluded that any money award the ERISA plan participants might win against the alleged breaching fiduciaries…

Your ERISA Watch – Second Circuit Revives Excessive Fee Suit Against Investment Advisor

This week’s notable decision is Sacerdote v. Cammack Larhette Advisors, LLC, No. 18-1558, __F.3d__, 2019 WL 4777824 (2d Cir. Oct. 1, 2019), which is one of a series of cases involving university retirement plans and allegations of excessive administrative fees…

Your ERISA Watch – Late Decision on Court-Ordered Remand of Disability Claim Results In De Novo Review

Today’s notable decision is a long-term disability case, Spears v. Liberty Life Assurance Company of Boston, et al., No. 3:11-CV-1807 (VLB), 2019 WL 4766253 (D. Conn. Sept. 30, 2019).  Plaintiff Spears alleged that Liberty Life improperly denied her claim for…

Your ERISA Watch – Sixth Circuit Affirms Denial of Attorneys’ Fees to Successful ERISA Plaintiff in QDRO Dispute

This week’s notable decision, Simonoff v. Saghafi, et al., No. 19-3001, __F.App’x__, 2019 WL 4691468 (6th Cir. Sept. 26, 2019), is one where your sympathies may align with the end result, but one which seemingly makes a case that it…

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