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: 11th Circuit Rules Home Depot Plan Fiduciaries Did Not Breach Their Duties Related To The Plan's Company Stock Fund

B y M ark S. Thomas and Robert W. Shaw In Lanfear v. Home Depot, Inc. , No. 10-13002 (11th Cir. May 8, 2012) [ enhanced version available to lexis.com subscribers ], the U.S. Court of Appeals for the Eleventh Circuit joined five other federal circuit courts in adopting a presumption that, in the absence...

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: 4th Circuit Adopts More Demanding Test For Exercise Of Objective Prudence By Retirement Plan Fiduciaries

By Mark S. Thomas and Robert W. Shaw In the latest ruling in a long-running battle arising from company stock fund divestments, the U. S. Court of Appeals for the Fourth Circuit has underscored the importance of procedural prudence in the management of plan assets. In Tatum v. RJR Pension Investment...