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Second Court Of Appeals Win For State Street Bank In $200 Million Chrysler "Top Hat Plan" Class Action
"Top hat plans" have many attractive features, but a new court decision is a reminder that top hat plan participants have limited protections under ERISA ...
United States
13 Dec 2016
'Right-Sizing' Full-Time Employees To Reduce ACA Obligations May Lead To ERISA Class Action Exposure
Compliance with the Affordable Care Act (ACA) has resulted in increased health benefit costs for many employers.
United States
17 Feb 2016
Supreme Court Rejects "Presumption Of Prudence," Adopts New Pleading Standards In Fifth Third Bancorp v. Dudenhoeffer
The Supreme Court of the United States has issued its highly anticipated decision in Fifth Third Bancorp v. Dudenhoeffer, No. 12-751.
United States
8 Jul 2014
Supreme Court Grants Certiorari To Review Sixth Circuit’s Pro-Union Inference In Retiree Health Insurance Benefits Cases
The Supreme Court agreed to resolve a circuit split about the interpretation of collective bargaining agreements that provide for health insurance benefits.
United States
7 May 2014
Supreme Court Upholds ERISA Plan's Three-Year Deadline To File A Lawsuit
The Supreme Court of the United States ruled that an ERISA plan may properly impose a reasonable time limit on filing a lawsuit to recover benefits. Such time may start to run even before completion of the required administrative review process.
United States
18 Dec 2013
Supreme Court Takes Case About Company Stock Funds And Presumption Of Prudence
The Supreme Court of the United States granted certiorari in "Fifth Third Bancorp v. Dudenhoeffer", suggesting that the Supreme Court will resolve the current division among U.S. circuit courts regarding the application of the "presumption of prudence" in employer stock cases.
United States
17 Dec 2013
Multiple Class Action Complaints Challenge Church Plan Status of Hospital Pension Plans
Recent complaints challenging the "church plan" status of certain pension plans maintained by church-sponsored hospital systems may signal the beginning of a new wave of lawsuits challenging underfunded church pension plans.
United States
6 Jul 2013
The Supreme Court Speaks On The Remedies For Benefits Description Mistakes
In vacating and remanding a district court and U.S. Court of Appeals decision in favor of a plaintiff class of beneficiaries of the CIGNA Pension Plan, the Supreme Court of the United States reached three conclusions that have significant repercussions for benefit plan sponsors and benefit plan litigation.
United States
19 May 2011
New Law Exempts Certain Physicians and Other Service Providers from Red Flags Rule
Recently adopted legislation narrows the applicability of the FTC’s Red Flags Rule so that service providers, including health care service providers, are not subject to the rule merely because they are not paid in full at the time of service.
United States
5 Jan 2011
Health Care Reform: Elimination of Retiree Drug Subsidy Deduction
Employers that provide retiree prescription drug coverage should analyze the increased future tax liability and the current accounting charges necessary to retain retiree prescription drug coverage, and evaluate the practical and legal risks of eliminating this benefit.
United States
26 Jul 2010
Supreme Court Affirms That Plan Administrators' Interpretations of a Plan Document Must Receive Deference
The U.S. Supreme Court’s recent Conkright v. Frommert decision is an important confirmation of a plan administrator’s authority to interpret the terms of a benefit plan and serves as a reminder for plan sponsors to review the terms of their benefit plans to ensure that they contain sufficient discretionary language.
United States
27 Apr 2010
Federal Law Requires Businesses To Implement Formal Identity Theft Prevention Programs
A recent wave of class action lawsuits was aimed at the widespread failure of U.S. retailers to comply with the credit card redaction provisions of the Fair and Accurate Credit Transactions Act (FACTA).
United States
5 Aug 2009
New Federal Requirements For Businesses To Have Formal Identity Theft Programs And Consumer Credit Report Programs
FACTA appears to apply the Red Flag Rules to any business that allows a consumer to pay for property or services after the property is conveyed or the services are rendered.
United States
12 May 2009
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