For the second week in a row, no case stood out as the case of the week. Nevertheless, there were still many interesting rulings, including two decisions concluding that ERISA did not preempt healthcare provider claims, and one decision (Rizzo) that includes a colorful example of the hazards of “Reply All.” (This is
This was a slow week in the courts. Out of the handful of ERISA decisions, none stood out as the case of the week. But, as always, we have summarized each one for your reading pleasure.
Below is a summary of this past week’s notable ERISA decisions by subject matter and jurisdiction.
Breach of Fiduciary
Cloud v. The Bert Bell/Pete Rozelle NFL Player Ret. Plan, No. 22-10710, __ F. 4th __, 2023 WL 6533182 (5th Cir. Oct. 6, 2023) (Before Circuit Judges Willett, Engelhardt, and Oldham)
In a stunning upset, the Bert Bell/Pete Rozelle NFL Player Retirement Plan obtained a last-minute victory in this longstanding disability lawsuit by former