Williams Mullen: 4th Circuit Rules Retirement Plan Trustees' Failures Must Have Causal Link to Plan Losses to Hold Trustees Liable

By Mark S. Thomas and Robert W. Shaw Plasterers' Local Union No 96 Pension Plan v. Pepper , No. 10-1364 (4th Cir., December 1, 2011) The U. S. Court of Appeals for the Fourth Circuit has ruled that retirement plan trustees cannot be held liable for failures to investigate the prudence of plan...

Williams Mullen - McCravy v. Metropolitan Life Insurance Co.: Recognizing A Broader Scope for ERISA's Equitable Remedies

By Mark S. Thomas and Robert W. Shaw The Fourth Circuit has reversed an earlier position and now recognizes a broader scope for equitable remedies available to ERISA plaintiffs following the U. S. Supreme Court's decision in CIGNA Corp. v. Amara , 131 S. Ct. 1866 (2011) [ enhanced version available...

Williams Mullen: The Emerging Frontiers For Equitable Remedies Under ERISA In The 4th Circuit: Moon v. BWX Technologies

By Mark S. Thomas and Robert W. Shaw The U. S. Court of Appeals for the Fourth Circuit continues to build out the boundaries of ERISA's equitable remedies, which have expanded in the Fourth Circuit in the wake of the U. S. Supreme Court's decision in CIGNA Corp. v. Amara , 131 S. Ct. 1866...

Williams Mullen: 4th Circuit Holds That Plan Administrators' Alleged Fiduciary Breach Based On 401(k) Plans' Fund Selection Is Time-Barred

By Mark S. Thomas and Robert W. Shaw The Fourth Circuit rejected the claims of a putative class action brought on behalf of participants of two retirement plans sponsored by Bank of America. In David v. Alphin , No. 11-2181 (4th Cir. Jan. 14, 2013) [ enhanced version available to lexis.com subscribers...