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

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... Read More

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... Read More

By Mark S. Thomas and Robert W. Shaw The U.S. Court of Appeals for the Sixth Circuit has affirmed an unusually large award of $3.8 million in a case involving the denial of long-term disability benefits. In Rochow v. Life Insurance Company of North... Read More

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on April 16 ruled that a health plan administrator's claim for reimbursement against a plan participant under Employee Retirement Income Security Act Section 502(a)(3) based on an equitable... Read More

By Mark S. Thomas and Robert W. Shaw The Seventh Circuit Court of Appeals in Fish v. GreatBanc Trust Company , No. 12-3330 (7th Cir. May 14, 2014) [ enhanced opinion available to lexis.com subscribers ], has issued a decision that clarifies the rules... Read More

NEW YORK - (Mealey's) Four Bernard L. Madoff Investment Securities LLC feeder funds and several of their current and former owners and officers have agreed to pay nearly $220 million to settle claims that they breached their fiduciary duties under... Read More

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 24 ruled that Employee Retirement Income Security Act Section 502(g)(1) provides a district court discretion to award fees and costs to either party as long as that party has achieved... Read More

WASHINGTON, D.C. - (Mealey's) The Third Circuit U.S. Court of Appeals erred in ruling that a health plan administrator's claim for reimbursement against a plan participant is subject to equitable limitations, including unjust enrichment, under... Read More

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

By Mark S. Thomas and Robert W. Shaw The U. S. Court of Appeals for the Second Circuit has affirmed the dismissal of a case brought against Morgan Stanley Investment Management Inc. ("Morgan Stanley") concerning certain investments in mortgage... Read More

By Mark S. Thomas and Robert W. Shaw The U. S. Court of Appeals for the District of Columbia Circuit has joined five other federal circuits to rule that pension plan participants need not exhaust a plan’s internal remedial procedures before they... Read More

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

NEW YORK - (Mealey's) A New York federal judge on Sept. 20 granted final approval to a $350 million class action settlement with United HealthCare Corp., ending claims that United companies allegedly underpaid professional providers for out-of-network... Read More

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