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Your ERISA Watch – Second Circuit Holds that Participants Stated Plausible ERISA Claim for Breach of Duty to Manage ESOP Assets Prudently

This week’s notable decision is the Second Circuit’s decision in Jander v. Ret. Plans Comittee of IBM, No. 17-3518,__F.3d__, 2018 WL 6441116 (2d Cir. Dec. 10, 2018), where the Court was presented with the question of what standard one must…

Your ERISA Watch – Kantor & Kantor Victory Against Sun Life and Health Insurance Company in Lawsuit for Long-Term Disability Benefits

Even though the holiday season is in full swing, the courts continue to issue rulings, bringing justice to the nice and coal to the naughty. Kantor & Kantor was back on the nice list with this week’s notable decision. The…

Your ERISA Watch – Ninth Circuit Holds that Actual Knowledge of Alleged Breach or Violation Is Necessary to Trigger Three-Year Statute of Limitations

This week’s notable decision is Sulyma v. Intel Corporation Investment Policy Committee, No. 17-15864, __F.3d__, 2018 WL 6186519 (9th Cir. Nov. 28, 2018).  Parting ways with the Sixth Circuit, the Ninth Circuit held that “actual knowledge,” rather than “constructive knowledge,”…

Your ERISA Watch – Kantor & Kantor Victory Against Unum Life Insurance Company in Lawsuit for Long-Term Disability Benefits

I’m pleased to report that this week’s notable decision is a firm victory in the matter of Fleming v. Unum Life Insurance Company, No. 17-01576-CJC, 2018 WL 6133859 (C.D. Cal. Nov. 20, 2018).  Fleming was a former litigation attorney who…

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