ERISA Dispute Heats Up Insurer Kickbacks Suit

Law360, New York (September 19, 2007, 12:00 AM EDT) -- Plaintiffs in the massive consolidated antitrust litigation against a group of insurers and brokers have renewed their battle to keep ERISA claims in the litigation, arguing that ERISA's strict requirements for fiduciaries are intended to protect workers and cannot be “so easily avoided.”

In court papers filed Tuesday, plaintiffs marshaled their arguments — pushing the court to deny the insurance company defendants' June move requesting that the ERISA counts be dropped. As part of the massive suit, the plaintiffs are alleging antitrust, RICO and ERISA violations....
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