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Blog Posts
15 Jan 2020
Your ERISA Watch – Supreme Court Sends Closely Watched Fiduciary Duty Case Back to the Second Circuit Court of Appeals
Yesterday, in Retirement Plans Committee of IBM v. Jander, No. 18-1165, 2020 WL 201024 (U.S. Jan. 14, 2020), the U.S. Supreme Court vacated and remanded a closely watched ESOP breach of fiduciary duty case to the Second Circuit Court of…
08 Jan 2020
Your ERISA Watch – In NFL ERISA Suit, Court Finds Fiduciary Exception to Attorney-Client Privilege Applies to Cigna’s Privileged Documents
In this week’s notable decision, Advanced Physicians, S.C. v. Connecticut General Life Insurance Company, et al., No. 3:16-CV-2355-G, 2020 WL 58698 (N.D. Tex. Jan. 3, 2020), a district court in Texas held that the fiduciary exception to the attorney-client privilege…
01 Jan 2020
Your ERISA Watch – Second Circuit Holds Reformation of Pension Plan is Equitable Remedy Even Absent Traditional Fraud or Mutual Mistake
This week’s notable decision, Laurent v. PricewaterhouseCoopers LLP, No. 18-487-CV, __F.3d__, 2019 WL 7042414 (2d Cir. Dec. 23, 2019), is more fruit from Amara’s labor. In a matter of first impression, the Second Circuit considered whether reformation is an available…
24 Dec 2019
Your ERISA Watch – Eighth Circuit Affirms Dismissal of Complaint Seeking Continued Long-Term Disability Benefits Based on Physical Disability
This week’s notable decision is Miller v. Hartford Life & Accident Ins. Co., No. 19-1096, __F.3d__, 2019 WL 6834049 (8th Cir. Dec. 16, 2019), a case highlighting the difficulty of establishing a “physical” disability claim when the symptoms are psychiatric…
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