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Category: Fiduciaries

Your ERISA Watch – Fifth Circuit Issues Significant Decision on ERISA Law and Practice

Yesterday, the Fifth Circuit issued its decision in Manuel v. Turner Indus. Grp., L.L.C., No. 17-30835, __F.3d__, 2018 WL 4689974 (5th Cir. Oct. 1, 2018), which delves into “the labyrinthine complexities of ERISA law and practice.”  In so doing, the…

Your ERISA Watch – Sixth Circuit Rules That Indian Tribe Can Pursue Breach of Fiduciary Duty Claim Against Health Plan Administrator

This week’s notable decision is the Sixth Circuit’s most recent decision in Saginaw Chippewa Indian Tribe of Michigan v. Blue Cross Blue Shield of Michigan, No. 17-1932, __F’Appx__ (6th Cir. Aug. 30, 2018), one of many cases against BCBSM for…

Your ERISA Watch – Pension Plan Participants Cannot Seek Disgorgement of Post-Termination Investment Gains Resulting from PBGC’s Alleged Fiduciary Breach

Today’s notable decision is the D.C. Circuit decision in Lewis, et al. v. Pension Benefit Guaranty Corporation, No. 17-5068, _F.3d_, 2018 WL 4000484 (D.C. Cir. Aug. 21, 2018). The gist is that Delta and the PBGC agreed to terminate the…

Your ERISA Watch – Kaiser Must Defend ERISA Breach of Fiduciary Duty Claim Challenging Its Treatment of Eating Disorders

This week’s notable decision is from the putative class action case, Moura v. Kaiser Foundation Health Plan, Inc., No. C 17-02475 JSW, 2018 WL 1569812 (N.D. Cal. Mar. 30, 2018), which challenges Kaiser’s alleged pattern and practice of denying treatment…

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