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
Utah v. Walsh, No. 2:23-CV-016-Z, 2023 WL 6205926 (N.D. Tex. Sep. 21, 2023) (Judge Matthew J. Kacsmaryk)
In right-leaning circles, ESG has become a three-letter buzzword. ESG, which stands for environmental, social, and governance issues, aims to permit investing in companies which consider factors like climate change, equity, and social impact. These days