Litigation

Recent Posts

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

Williams Mullen: Retirement Plan Plaintiffs Were Not Required To Exhaust Administrative Remedies Before Filing Their Class Action
Posted on 25 Feb 2013 by Williams Mullen

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

High Court Hears Oral Arguments In ERISA Plan Documents Case
Posted on 1 Dec 2010 by Joan Grossman

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

Williams Mullen: Court’s Award Of $3.8 Million Raises Questions About The Scope Of ERISA Remedies
Posted on 3 Jan 2014 by Williams Mullen

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

Supreme Court Says Health Plan Terms Govern ERISA Reimbursement Action Based On Equitable Lien
Posted on 16 Apr 2013 by Joan Grossman

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

Williams Mullen: 7th Circuit Interprets ERISA’s Statute of Limitations for Fiduciary Breach: Fish v. GreatBanc Trust Company
Posted on 30 May 2014 by Williams Mullen

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

High Court Rejects ‘Prevailing Party’ Standard In ERISA Fees Case
Posted on 24 May 2010 by Joan Grossman

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

High Court Considers Whether Participant Must Reimburse Health Plan Under ERISA
Posted on 27 Nov 2012 by Joan Grossman

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

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

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

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