December 08, 2023
Appellate courts issued a bevy of important decisions applying federal benefits law in 2023, including a recent Second Circuit ruling in favor of Cornell University that deepened a circuit split and a Tenth Circuit finding that an Oklahoma law regulating pharmacy benefit managers was preempted. Here, Law360 looks back at five published circuit court decisions in ERISA litigation from the second half of 2023 that benefits lawyers should know.
September 06, 2023
The Tenth Circuit backed the dismissal Wednesday of a proposed class action alleging a gold and copper mining company loaded its retirement plan with pricey investments when cheaper alternatives were available, ruling that the workers behind the suit stood their claims on flimsy comparisons.
June 30, 2023
A pending rehearing petition in a massive suit against United Behavioral Health at the Ninth Circuit and battles over ESG in retirement plan investments headline the crop of cases that benefits lawyers will be following in the second half of 2023. Here, Law360 speaks with attorneys about five Employee Retirement Income Security Act cases to keep an eye on.
May 17, 2023
The Tenth Circuit appeared Wednesday to lean toward reviving a federal benefits lawsuit from ex-workers of Barrick Gold of North America who said the company allowed their 401(k) plan to pay excessive fees, pointing to several recent appellate court decisions greenlighting claims in similar cases.
April 28, 2023
In May, federal appeals courts are set to hear pivotal Employee Retirement Income Security Act disputes while California's highest court will consider whether a person can sue their spouse's employer over a COVID-19 infection. Here are three appellate argument sessions set for May that benefits attorneys will be keeping an eye on.
January 02, 2023
Appeals courts will get to decide whether arbitration agreements can nullify workers’ ability to sue on behalf of their retirement plan, and what it takes for a lawsuit claiming retirees lost savings due to excessive plan fees to survive a dismissal bid. Here are five Employee Retirement Income Security Act cases attorneys should watch in the New Year.
November 08, 2022
The U.S. Chamber of Commerce and several other business groups told the Tenth Circuit it shouldn't revive a proposed class action alleging Barrick Gold filled its 401(k) plan with underperforming, high-cost investment options, arguing that workers can't rely on hindsight to sustain their lawsuit.