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Category: Fiduciaries

ERISA Watch – Sixth Circuit Adopts Boston Harbor Market-Participation Doctrine to ERISA Preemption

This week’s notable decision is from the land of ERISA preemption:  Allied Constr. Indus. v. City of Cincinnati, No. 16-4248, __F.3d__, 2018 WL 283775 (6th Cir. Jan. 4, 2018).  The City of Cincinnati and Laborers International Union of North America,…

ERISA Watch – Court Certifies Class Action Against Citigroup 401(k) Plan Fiduciaries For Alleged Violations of Self-Dealing and Imprudent Conduct

This week’s notable decision is a class certification decision in Leber v. The Citigroup 401(k) Plan Investment Committee, et al, No. 07-CV-9329 (SHS), __F.R.D.__, 2017 WL 5664850 (S.D.N.Y. Nov. 27, 2017).  In this case, the named plaintiffs allege self-dealing and…

ERISA Watch – Eleventh Circuit Holds That ERISA’s Six-Year Statute of Repose Is Waivable

This week’s notable decision is Sec’y, U.S. Dep’t of Labor v. Preston, No. 17-10833, __F.3d__, 2017 WL 4545962 (11th Cir. Oct. 12, 2017), a colorful opinion penned by Circuit Judge Kevin Newsom.   On interlocutory appeal brought by the U.S. Department…

ERISA Watch – Class-Wide Equitable Relief May Be Awarded Absent Individualized Proof of Detrimental Reliance

This week’s notable decision is a good one on the current state of ERISA remedies.  In Osberg v. Foot Locker, Inc., Foot Locker Retirement Plan, No. 15-3602-CV, __F.3d__, 2017 WL 2871358 (2d Cir. July 6, 2017).  Foot Locker and the…

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