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Category: Fiduciaries
06 Jan 2021
Your ERISA Watch – Court Permits Claims to Proceed Against ERISA Fiduciaries Related to Pension Benefit Misstatements
Happy New Year! In the first blog of the year we are pleased to report a Kantor & Kantor victory in Wallace v. Int’l Paper Co., No. 2:20-CV-02478-SHL, __F.Supp.3d__, 2020 WL 7643134 (W.D. Tenn. Dec. 23, 2020). In a nutshell,…
09 Dec 2020
Your ERISA Watch – Second Circuit Sides with Anthem and Express Scripts in Dispute Over the Setting of Prescription Drug Prices
In this week’s notable decision, Doe v. Express Scripts, Inc., No. 18-346, __F.App’x__, 2020 WL 7133860 (2d Cir. Dec. 7, 2020), the Second Circuit Court of Appeals further defines what it means to be an ERISA fiduciary. In short, a…
02 Dec 2020
Your ERISA Watch – Eleventh Circuit Holds Members of Controlled Group of Dissolved Corporation May be Liable for Pension Plan Termination Liabilities
This week’s notable decision, Pension Benefit Guar. Corp. v. 50509 Marine LLC, No. 19-14968, __ F.3d __, 2020 WL 6882698 (11th Cir. Nov. 24, 2020), published two days before Thanksgiving, should have been issued a month earlier, during the Halloween…
18 Nov 2020
Your ERISA Watch – Sixth Circuit Permits Ford Motor Company an Equitable Lien on Overpaid Retirement Benefits
This week’s notable decision comes from the Sixth Circuit in Zirbel v. Ford Motor Company, ___F.3d___, 2020 WL 6704157 (6th Cir. 2020). Plaintiff Donna Zirbel received a $351,000 retirement-benefits payment from Ford Motor Company (“Ford”). But the payment was two…
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