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Category: ERISA

Your ERISA Watch – District Court Reduces Class Counsel Common Fund Fee Award Due to Attorney Misconduct

This week’s notable decision is Arkansas Teacher Retirement System v. State Street Bank and Trust Company, No. CV 11-10230-MLW, 2020 WL 949885 (D. Mass. Feb. 27, 2020), a must-read for those of us who do plaintiff class action work.  It…

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 – Trustees Abuse Discretion by Interpreting Plan Amendment to Apply to “Pass-through” Payments Transferred to Out-of-State Plans

This week’s notable decision comes out of the Ninth Circuit Court of Appeals in a matter involving employer contributions to a union pension plan, Lehman, et al. v. Nelson, et al., No.18-35321, __F.3d__, 2019 WL 6484254 (9th Cir. Dec. 3,…

Your ERISA Watch – Ninth Circuit Holds that Hawaii Statutes Restricting Insurers’ Subrogation Recovery Rights Are Saved from ERISA Preemption

This week’s notable decision is Rudel v. Hawai’i Management Alliance Association, No. 17-17395, __F.3d__, 2019 WL 4302895 (9th Cir. Sept. 11, 2019), where the Ninth Circuit made three significant determinations with respect to ERISA preemption of state laws regulating insurance. …

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