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Category: Fiduciaries

Your ERISA Watch – Fourth Circuit Revives Breach of Fiduciary Duty Claim Against Plan Administrator Related to Life Insurance Coverage

We are pleased to issue a mid-week report on a notable decision that just issued from one of our firm’s cases, Dawson-Murdock v. National Counseling Group, Inc., et al., _F.3d_, 2019 WL 3308535 (4th Cir. 2019).  Today’s decision from the Fourth…

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,…

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…

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…

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