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Category: Fiduciaries

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,…

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…

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…

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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