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Category: Fiduciaries

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…

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…

Your ERISA Watch – Court Holds Employer Has No Affirmative Duty to Inform Participant of Change in Disability Insurers

There were several appellate court decisions this past week, but I want to highlight a district court case that presents a good lesson for employers and plan participants alike when it comes to changes to plan benefits.  In Boyles, Jr.…

Your ERISA Watch – Avoid Legal Malpractice: Know Your Client & Written Retainer Agreements

The Sixth Circuit Court of Appeals issued a decision recently that should have ERISA attorneys thinking twice before they agree to do work for a client. In Cohen v. Jaffe Raitt Heuer And Weiss, P.C., No. 1395, __F.App’x__, 2019 WL 1504393…

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