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Category: Pension Plans

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 – 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…

Your ERISA Watch – Ninth Circuit Holds that Actual Knowledge of Alleged Breach or Violation Is Necessary to Trigger Three-Year Statute of Limitations

This week’s notable decision is Sulyma v. Intel Corporation Investment Policy Committee, No. 17-15864, __F.3d__, 2018 WL 6186519 (9th Cir. Nov. 28, 2018).  Parting ways with the Sixth Circuit, the Ninth Circuit held that “actual knowledge,” rather than “constructive knowledge,”…

Your ERISA Watch – First Circuit Joins Circuit Split; Adopts Burden-Shifting Approach in Breach of Fiduciary Duty Cases

This week’s notable decision is Brotherston v. Putnam Investments, LLC, No. 17-1711, __F.3d__, 2018 WL 4958829 (1st Cir. Oct. 15, 2018), which involves a class action alleging breach of fiduciary duty with respect to the selection of imprudent investment options…

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