Call For A FREE Case Evaluation 510.992.6130

Category: Fiduciaries

Your ERISA Watch – Second Circuit Holds that Participants Stated Plausible ERISA Claim for Breach of Duty to Manage ESOP Assets Prudently

This week’s notable decision is the Second Circuit’s decision in Jander v. Ret. Plans Comittee of IBM, No. 17-3518,__F.3d__, 2018 WL 6441116 (2d Cir. Dec. 10, 2018), where the Court was presented with the question of what standard one must…

Your ERISA Watch – Ninth Circuit Holds that Actual Knowledge of Alleged Breach or Violation Is Necessary to Trigger Three-Year Statute of Limitations

This week’s notable decision is Sulyma v. Intel Corporation Investment Policy Committee, No. 17-15864, __F.3d__, 2018 WL 6186519 (9th Cir. Nov. 28, 2018).  Parting ways with the Sixth Circuit, the Ninth Circuit held that “actual knowledge,” rather than “constructive knowledge,”…

Your ERISA Watch – First Circuit Joins Circuit Split; Adopts Burden-Shifting Approach in Breach of Fiduciary Duty Cases

This week’s notable decision is Brotherston v. Putnam Investments, LLC, No. 17-1711, __F.3d__, 2018 WL 4958829 (1st Cir. Oct. 15, 2018), which involves a class action alleging breach of fiduciary duty with respect to the selection of imprudent investment options…

Your ERISA Watch – Sixth Circuit Holds No Breach of Fiduciary Duty for Failing to Inform Participant of Life Insurance Conversion Right

This week’s notable decision is Vest v. Resolute FP US Inc., No. 18-5046, __F.3d__, 2018 WL 4905751 (6th Cir. Oct. 10, 2018).  The court affirmed the district court’s ruling that Plaintiff did not adequately plead a breach-of-fiduciary-duty cause of action…

Get The Help You Need Today