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Category: Fiduciaries

Your ERISA Watch – The Second Circuit Kicks the Can In Long-running ESOP Duty-of-Prudence Dispute Against IBM

This week’s notable decision is the Second Circuit’s short per curiam opinion in Jander v. Ret. Plans Comm. of IBM, No. 17-3518, __F.3d__, 2020 WL 3412115 (2d Cir. June 22, 2020), a case where Plaintiffs, who are participants in the…

Your ERISA Watch – When Does Fraud Not Mean Fraud? Second Circuit Further Educates Us About Equitable Remedies

When the United States Supreme Court decided CIGNA Corp. v. Amara, 563 U.S. 421 (2011), it educated us all by citing to doctrines of equity from cases and horn books written 200 years ago. This week, the Second Circuit’s decision…

Your ERISA Watch – No Harm, No Foul: High Court Says Defined Benefit Pensioners Have No Standing to Sue Breaching Fiduciaries

No harm, no foul, and no standing. That’s the essence of this week’s notable decision in Thole v. U. S. Bank N.A., No. 17-1712, __S.Ct.__, 2020 WL 2814294 (U.S. June 1, 2020), which the Supreme Court handed down on Monday.…

Your ERISA Watch – Eighth Circuit Revives Excessive Fee Litigation against Washington University

Retirement plan participants received a partial victory from the Eighth Circuit Court of Appeals in one of several actions brought against large universities for the alleged mismanagement of their section 403(b) retirement-savings plans. In Davis v. Washington Univ. in St.…

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