McCutcheon v. Colgate-Palmolive Co., No. 20-3225, __ F. 4th __, 2023 WL 2467367 (2d Cir. Mar. 13, 2023) (Before Circuit Judges Livingston and Sack, and District Judge Brian M. Cogan)
ERISA can be complicated. In part this is because ERISA and ERISA plans have their own intentionally obscure and technical language, especially when applied
This week we could not play favorites among the many interesting ERISA decisions. Keep reading to hear about two “meritless goat” decisions, the latest update in the du Pont family pension saga, and a case in which fiduciaries to a multi-employer pension plan allegedly engaged in much wrongdoing, including charging for services after they were
American Sec. Ass’n v. United States Dep’t of Labor, No. 8:22-cv-330-VMC-CPT, 2023 WL 1967573 (M.D. Fla. Feb. 13, 2023) (Judge Virginia M. Hernandez Covington)
It makes sense that a court may vacate an ERISA regulation that it determines is an arbitrary and capricious exercise of the Department of Labor’s authority. But does it make