High Court Hears Oral Arguments In ERISA Plan Documents Case

WASHINGTON, D.C. -- The U.S. Supreme Court on Nov. 30 considered whether a showing of "likely harm" was sufficient to entitle participants in or beneficiaries of an employee benefits plan governed by the Employee Retirement Income Security Act to recover benefits based on an alleged inconsistency...

Williams Mullen: Fiduciary Not Liable For Money Damages In Action To Recover Death Benefits: Stocks v. Life Ins. Co. Of North America

B y Mark S. Thomas and Robert W. Shaw A federal district court recently applied the U. S. Supreme Court's decision in CIGNA Corp. v. Amara (2011) [ enhanced version available to lexis.com subscribers ], in a practical setting that illuminates both the range and the limits of the Supreme Court's...

Williams Mullen: The Strategic Importance Of ERISA Preemption In Wrongful Termination Cases

By Mark S. Thomas and Robert W. Shaw In Swindler v. Ben Lippen School and Columbia International University , No. 3:12-CV-2314-CMC [ enhanced version available to lexis.com subscribers ], the U.S. District Court for the District of South Carolina remanded a case back to state court after the plaintiff...

Williams Mullen: Retirement Plan Plaintiffs Were Not Required To Exhaust Administrative Remedies Before Filing Their Class Action

By Mark S. Thomas and Robert W. Shaw The Second Circuit has held that a putative class of ERISA plaintiffs was not required to exhaust a plan's administrative remedies prior to filing claims for a redetermination of future retirement benefits and alleged irregularities in plan amendments. Kirkendall...

Williams Mullen: ‘You Can’t Bend It That Way, Beckham’: Federal Court Dismisses Plaintiff’s Attempted Claims For Equitable Relief

By Mark S. Thomas and Robert W. Shaw Following the U. S. Supreme Court’s decision in CIGNA Corp. v. Amara , 131 S. Ct. 1866 (2011) [ enhanced opinion available to lexis.com subscribers ] [lexis.com subscribers may access Supreme Court briefs for this case ] , the federal courts have wrestled with...