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Your ERISA Watch – Plan Trustees May Be “Surcharged” to Remedy Breach of Trust Causing a Loss of Benefits Under Unrelated Plan

This week’s notable decision, DeRogatis v. Bd. of Trustees of the Cent. Pension Fund of the Int’l Union of Operating Engineers, No. 14 Civ. 8863 (CM) (S.D.N.Y. June 13, 2019), follows a remand from the Second Circuit to decide whether…

Your ERISA Watch – Second and Eighth Circuits Affirm Dismissal of Imprudent Investment Lawsuits Involving SunEdison Stock

This week’s notable decision is Usenko v. MEMC LLC, No. 18-1626, __F.3d__, 2019 WL 2344827 (8th Cir. June 4, 2019), where the Eighth Circuit affirmed the district court’s dismissal of this putative class action alleging that Defendants breached their duty…

Court Finds Administrator’s Conflict of Interest and Procedural Irregularities Warrant De Novo Review

Piggybacking on last week’s notable decision discussion, this week’s notable decision is McIntyre v. Reliance Standard Life Insurance Company, No. CV 17-5134 (JRT/DTS), 2019 WL 2267054 (D. Minn. May 28, 2019), a case analyzing an insurer’s history of biased claims…

Your ERISA Watch – Fifth Circuit Reverses Long-Term Disability Victory of Sanitarian Worker

This week’s notable decision is an icy one for plan participants.  In Nichols v. Reliance Standard Life Insurance Company, No. 18-60499, __F.3d__, 2019 WL 2223614 (5th Cir. May 23, 2019), the Fifth Circuit reversed a district court decision that I…

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