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Category: Pension Plans
19 May 2019
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…
09 Apr 2019
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…
03 Dec 2018
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,”…
22 Oct 2018
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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