Litigation

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Williams Mullen: 4th Circuit Adopts More Demanding Test For Exercise Of Objective Prudence By Retirement Plan Fiduciaries
Posted on 7 Aug 2014 by Williams Mullen

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... Read More

Parties Debate Consolidation Of ERISA/Securities Actions Against BP
Posted on 9 Sep 2010 by HB Litigation Conferences

WASHINGTON, D.C. - Several plaintiffs in ERISA class actions pending against BP have told the Judicial Panel on Multidistrict Litigation that consolidation with securities claims and transfer of their cases to the Southern District of Texas is inappropriate... Read More

New York Comptroller Announces $168 Million Settlement With National City Corp.
Posted on 10 Aug 2011 by Timothy Raub

NEW YORK - (Mealey's) The comptroller of the State of New York has reached a $168 million settlement with National City Corp. and certain of its current and former officers and directors, settling claims that the financial holding giant misrepresented... Read More

Williams Mullen: Supreme Court Holds That Clock for the Appeal of an ERISA Decision Began Running Sooner Than Plaintiff Expected
Posted on 10 Feb 2014 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw The U.S. Supreme Court has ruled that the plaintiffs, a group of union-affiliated employee benefit funds (the Funds), waited too late to give notice of their appeal from the trial court’s judgment on the merits... Read More

Williams Mullen:Court Holds that Erroneous Advice about Medical Benefits Coverage Can Expose Plans to Liability
Posted on 10 Jul 2013 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw In Kenseth v. Dean Health Plan, Inc. , No. 11-1560 (June 13, 2013) [ Enhanced opinion available to lexis.com subscribers], the Seventh Circuit Court of Appeals reviewed the scope of equitable remedies available... Read More

Williams Mullen: Corporate Spin-Off, New Retirement Plan Did Not Violate Employees’ Rights Under ERISA
Posted on 16 Feb 2012 by Williams Mullen

Nauman v. Abbott Laboratories , No. 10-2272 (7th Cir. February 3, 2012) B y Mark S. Thomas and Robert W. Shaw The U. S. Court of Appeals for the Seventh Circuit has affirmed a trial judgment against a class of former employees of Abbott Laboratories... Read More

Final Approval Of $2.4Billion Settlement Granted In Bank Of America Securities Suit
Posted on 8 Apr 2013 by Timothy Raub

NEW YORK - (Mealey's) A federal judge in New York on April 5 granted final approval of a $2.4 billion settlement between shareholders and Bank of America Corp. (BoA) to settle claims that it and certain of its executive officers and directors misrepresented... Read More

Williams Mullen: Supreme Court Holds That Clear Plan Terms Control Equitable Remedies: U.S. Airways Inc. v. McCutchen
Posted on 10 Jul 2013 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw In U.S. Airways, Inc. v. McCutchen , No. 11-1285 (Apr. 16, 2013) [lexis.com subscribers may access Supreme Court briefs and the opinion for this case] , the U.S. Supreme Court underscored the importance of clearly... Read More

Supreme Court Says ERISA Permits District Court To Reform Pension Plan
Posted on 16 May 2011 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on May 16 ruled that although Section 502(a)(1)(B) of the Employee Retirement Income Security Act does not permit a district court to reform the terms of a pension plan, Section 502(a)(3) does authorize... Read More

Williams Mullen: 4th Circuit Rules Retirement Plan Trustees' Failures Must Have Causal Link to Plan Losses to Hold Trustees Liable
Posted on 15 Dec 2011 by Williams Mullen

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... Read More

Williams Mullen: Court Holds Plan Sponsor’s SEC Filings Incorporated By Reference Into Retirement Plan’s Summary Plan Description, Constituted Part Of Plan Fiduciary’s Communications To Participants
Posted on 2 Dec 2013 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw | The U.S. Court of Appeals for the Ninth Circuit has held that an ERISA-regulated employee stock-ownership retirement plan’s incorporation by reference of the plan sponsor’s statements to the Securities... Read More

District Court's Discretion To Award Attorneys' Fees Under ERISA After Hardt
Posted on 30 Sep 2011 by Barry L. Salkin

With respect to the exercise of discretion to award attorneys' fees under ERISA, what is the impact of the U.S. Supreme Court decision in Hardt v. Reliance Std. Life Ins. Co. , 130 S. Ct. 2149 (U.S. 2010) [ enhanced version available to lexis.com... Read More

Tribune Co., Former Employees Reach $32 Million Agreement On ERISA Claims
Posted on 20 Oct 2011 by James Cordrey

CHICAGO - (Mealey's) The Tribune Co., which is in Chapter 11 bankruptcy, announced Oct. 20 that it has reached a $32 million settlement with former employees who had sued the company alleging violations of the Employee Retirement Income Security Act... Read More