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Category: Fiduciaries

Your ERISA Watch – Fourth Circuit Affirms Multi-Million Judgment Against Trustee for Breach of Fiduciary Duty to Employee Stock Ownership Plan

This week’s notable decision is Brundle v. Wilmington Tr., N.A., No. 17-1873, __F.3d__, 2019 WL 1287632 (4th Cir. Mar. 21, 2019), as amended (Mar. 22, 2019), where the Fourth Circuit Court of Appeals affirmed the district court’s findings that the…

Your ERISA Watch – Court Rules that Suit Over Employee Stock Deal Led by Now-Felon Is Not Barred by Statute of Limitations

This week’s notable decision is a short and sweet statute of limitations decision in Foster v. Adams & Assocs., Inc., No. 18-CV-02723-JSC, __F.Supp.3d__, 2019 WL 943846 (N.D. Cal. Feb. 26, 2019).  Plaintiffs are participants and beneficiaries of the Adams and…

Your ERISA Watch – No Preemption!  9th Circuit Revives Employers’ State-Law Claims Against Health Insurance Companies for Hidden Surcharges and Kickbacks

The first of this week’s notable decisions is The Depot, Inc. v. Caring for Montanans, Inc., No. 17-35597, __F.3d__, 2019 WL 453485 (9th Cir. Feb. 6, 2019), a published decision from the Ninth Circuit addressing fiduciary actions, plan assets, remedies…

Your ERISA Watch – Employer Must Pay Dependent Life Insurance Benefits to Employee Due to Failure to Provide Summary Plan Description

Today’s notable decision is a good one on equitable remedies, made possible by CIGNA Corp. v. Amara, 563 U.S. 421 (2011).  In Snitselaar v. Unum Life Insurance Company of America, 2019 WL 279995 (N.D. Iowa Jan. 22, 2019), Unum denied…

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