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Category: Fiduciaries

Your ERISA Watch – In NFL ERISA Suit, Court Finds Fiduciary Exception to Attorney-Client Privilege Applies to Cigna’s Privileged Documents

In this week’s notable decision, Advanced Physicians, S.C. v. Connecticut General Life Insurance Company, et al., No. 3:16-CV-2355-G, 2020 WL 58698 (N.D. Tex. Jan. 3, 2020), a district court in Texas held that the fiduciary exception to the attorney-client privilege…

Your ERISA Watch – Second Circuit Holds Reformation of Pension Plan is Equitable Remedy Even Absent Traditional Fraud or Mutual Mistake

This week’s notable decision, Laurent v. PricewaterhouseCoopers LLP, No. 18-487-CV, __F.3d__, 2019 WL 7042414 (2d Cir. Dec. 23, 2019), is more fruit from Amara’s labor.  In a matter of first impression, the Second Circuit considered whether reformation is an available…

Your ERISA Watch – District Court Finds Breach of Fiduciary Duty Claim Adequately Plead Where Claimant Was Not Given Life Insurance Conversion Options

Ho ho ho, merry holidays. This week Kantor & Kantor helped bring justice to the nice and coal to the naughty as we take a closer look at why a district court in Harris v. Life Ins. Co. of N.…

Your ERISA Watch – Court Holds No Seventh Amendment Right to Jury Trial for ERISA Breach of Fiduciary Duty Claims

This week’s notable decision is Moitoso v. FMR LLC, No. CV 18-12122-WGY, __F.Supp.3d__, 2019 WL 4980390 (D. Mass. Oct. 8, 2019), where the court concluded that any money award the ERISA plan participants might win against the alleged breaching fiduciaries…

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