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Category: Fiduciaries

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 – 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…

Your ERISA Watch – Fourth Circuit Revives Breach of Fiduciary Duty Claim Against Plan Administrator Related to Life Insurance Coverage

We are pleased to issue a mid-week report on a notable decision that just issued from one of our firm’s cases, Dawson-Murdock v. National Counseling Group, Inc., et al., _F.3d_, 2019 WL 3308535 (4th Cir. 2019).  Today’s decision from the Fourth…

Your ERISA Watch – Court Holds that Detrimental Reliance Is Not Needed for Class-Wide Relief and Certifies ESOP Class

This week’s notable decision is Cunningham, et al. v. Wawa, Inc., et al., No. 2:18-cv-03355-PD (E.D. Pa. July 2, 2019), where the court granted Plaintiffs’ motion to certify a class of Employee Stock Ownership Plan (“ESOP”) participants.  In their ten-count complaint,…

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