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Your ERISA Watch – Ninth Circuit Holds that ERISA Claims Can be Subject to Mandatory Individual Arbitration

This week’s notable decision is Dorman v. Charles Schwab Corp., No. 18-15281, __F.3d__, 2019 WL 3926990 (9th Cir. Aug. 20, 2019), where the court addressed the question of whether ERISA claims can be subject to mandatory arbitration.  In short, the…

Your ERISA Watch – Ninth Circuit Upholds Pension Plan’s Denial of Early Retirement Benefits for Participant’s Union Work

This week’s notable decision is O’Rourke v. N. California Elec. Workers Pension Plan, No. 17-17419, __F.3d__, 2019 WL 3850604 (9th Cir. Aug. 16, 2019), a case involving a dispute over the payment of early retirement benefits through a multiemployer ERISA…

Your ERISA Watch – Second Circuit Holds Employer to Promise of Lifetime Retiree Medical Benefits

I’m glad to be able to report some good news in the post-Tackett world of retiree medical.  In this week’s notable decision, Kelly v. Honeywell Int’l, Inc., No. 17-2075, __F.3d__, 2019 WL 3673139 (2d Cir. Aug. 7, 2019), the Second…

Your ERISA Watch – Dudenhoeffer Does Not Defeat Breach of Fiduciary Duty Claims Related to ESOP Purchase of Inflated Company Stock

What do you do if you’re a milling and animal feed manufacturer saddled in scandal because you produced horse and cattle feed containing a fatal amount of monensin?  Apparently, you sell your stock to an ESOP at an overly inflated…

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