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Category: Fiduciaries
07 Jul 2019
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,…
16 Jun 2019
Your ERISA Watch – Plan Trustees May Be “Surcharged” to Remedy Breach of Trust Causing a Loss of Benefits Under Unrelated Plan
This week’s notable decision, DeRogatis v. Bd. of Trustees of the Cent. Pension Fund of the Int’l Union of Operating Engineers, No. 14 Civ. 8863 (CM) (S.D.N.Y. June 13, 2019), follows a remand from the Second Circuit to decide whether…
09 Jun 2019
Your ERISA Watch – Second and Eighth Circuits Affirm Dismissal of Imprudent Investment Lawsuits Involving SunEdison Stock
This week’s notable decision is Usenko v. MEMC LLC, No. 18-1626, __F.3d__, 2019 WL 2344827 (8th Cir. June 4, 2019), where the Eighth Circuit affirmed the district court’s dismissal of this putative class action alleging that Defendants breached their duty…
19 May 2019
Your ERISA Watch – Ninth Circuit Holds that Same-Sex Domestic Partner Is Entitled to Joint-and-Survivor Pension Benefits
This week’s notable decision is a short and sweet read in the matter of Reed v. KRON/IBEW Local 45 Pension Plan, No. 17-17176, __F.App’x__, 2019 WL 2145652 (9th Cir. May 16, 2019), where the Ninth Circuit reversed the district court’s…
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