Topics 401(k) Supreme Court Clarifies ERISA Prohibited Transaction Pleading StandardsEvonik Corporation Beats 401(k) Plan Challenge with Evidence of Rigorous Fiduciary ProcessConflicting Decisions Foreshadow Upcoming Disputes in ERISA 401(K) Forfeiture Class Actions 403(b) SDNY Denies Leave to Amend ERISA Complaint with “Substantively the Same Defects” as Dismissed ComplaintSupreme Court Struggles to Apply “Twiqbal” in Retirement Plan Fee CasesSecond Circuit Revives Share-Class Claim in NYU Retirement Plan Class Action 502(a)(3) SCOTUS Declines Review of Fourth Circuit ERISA Surcharge Ruling Arbitration Clause Second Circuit Weighs in Against ERISA ArbitrationThird Circuit Rejects Mandatory Arbitration Clause in ESOP Butch Lewis Emergency Pension Plan Relief Act Butch Lewis Brings No Good News for Contributing Employers Circuit split Supreme Court Clarifies ERISA Prohibited Transaction Pleading StandardsSecond Circuit Weighs in Against ERISA ArbitrationSCOTUS Declines Review of Fourth Circuit ERISA Surcharge Ruling Claim for Benefits Fifth Circuit: Remand to Determine Disability was Not a “Second Bite at the Apple” for InsurerDeferential Review Determinative in Severance SpatAllegedly Misclassified Independent Contractor Cannot Sue Under ERISA Class Action Waiver Third Circuit Rejects Mandatory Arbitration Clause in ESOP COBRA COBRA Notice Litigation: Cases Are Mushrooming and Settlements Are, Too Consolidated Appropriations Act Ads Related to Health Plan Fees Raise Questions on the Next Excessive Fee Suit Targets Cybersecurity Federal Court Enforces DOL Subpoena Seeking Information about ERISA Plan Service Provider’s Cybersecurity Program and Incidents with ERISA Plan Clients Defined Benefit U.S. Bancorp Defeats Class Certification in Challenge to Early Retirement BenefitsAbout That Pension Check… A Miscalculation Case With Broader ImplicationsSupreme Court: Plaintiffs Who Suffered No Injury Lack Standing to Sue under ERISA Defined Contribution Plan Class Action Alleges “Scheme” by TIAA and Morningstar to Drive Participants into TIAA’s Most Profitable FundsFifth Circuit Remands ESG Rule in First ERISA Test Case Post-ChevronEvonik Corporation Beats 401(k) Plan Challenge with Evidence of Rigorous Fiduciary Process Employee Stock Ownership Plan (ESOP) Second Circuit Weighs in Against ERISA ArbitrationThird Circuit Rejects Mandatory Arbitration Clause in ESOPSeventh Circuit Revives State Law Claims Against Executives Acting As “Dual-Hat” Fiduciaries ERISA Supreme Court Clarifies ERISA Prohibited Transaction Pleading StandardsTobacco Surcharge Litigation Flares UpJohnson & Johnson Case Sparks Concerns Over Future Excessive Health Fee Litigation fiduciary Tobacco Surcharge Litigation Flares UpJohnson & Johnson Case Sparks Concerns Over Future Excessive Health Fee LitigationClass Action Alleges “Scheme” by TIAA and Morningstar to Drive Participants into TIAA’s Most Profitable Funds Group Health Plan Tobacco Surcharge Litigation Flares UpJohnson & Johnson Case Sparks Concerns Over Future Excessive Health Fee LitigationAds Related to Health Plan Fees Raise Questions on the Next Excessive Fee Suit Targets Independent Contractor Allegedly Misclassified Independent Contractor Cannot Sue Under ERISA M&A Don’t White-Knuckle Withdrawal Liability Multiemployer benefit funds Successor Liability Claims Found Insufficient to Establish Federal Question Jurisdiction Multiemployer Pension Plan Amendments Act of 1980 Don’t White-Knuckle Withdrawal Liability‘Segal Blend’ Withdrawal Liability Calculation Violates ERISA, Court Holds in Milestone DecisionThird Circuit Upholds Withdrawal Liability Arbitral Award Under MPPAA’s Evade or Avoid Provision Multiemployer Pension Plans Rehearing Requested on Second Circuit Decision Requiring Plan Participants to End Employment Before Seeking Retirement BenefitsDon’t White-Knuckle Withdrawal LiabilityPlan Terms and Tax Rules: What Does “Retire” Mean To Qualify for Retirement Benefits? No Surprises Act AMA and AHA Seek to Enjoin Certain Provisions of the No Surprises Act’s Implementing Rule proprietary Fourth Circuit Affirms Aon’s Trial Victory in Investment Suit Self-interest Fourth Circuit Affirms Aon’s Trial Victory in Investment Suit Successor Liability Don’t White-Knuckle Withdrawal LiabilitySuccessor Liability Claims Found Insufficient to Establish Federal Question Jurisdiction Summary plan descriptions Eleventh Circuit Highlights Importance of Unambiguous Disclaimers in SPDs Supreme Court Supreme Court Clarifies ERISA Prohibited Transaction Pleading StandardsWhere Does the End of Chevron Deference Leave ERISA?Novel ERISA Preemption Questions Presented by U.S. Supreme Court’s Dobbs Decision Surcharge Tobacco Surcharge Litigation Flares UpSCOTUS Declines Review of Fourth Circuit ERISA Surcharge Ruling Termination of Benefits Eleventh Circuit Highlights Importance of Unambiguous Disclaimers in SPDs Uncategorized DOL, Recordkeeper Square Off in Confidentiality DisputesPlaintiffs’ Bar Shows Renewed Interest in COBRA Notice Litigation Withdrawal Liability Don’t White-Knuckle Withdrawal LiabilityThird Circuit Upholds Withdrawal Liability Arbitral Award Under MPPAA’s Evade or Avoid ProvisionButch Lewis Brings No Good News for Contributing Employers
