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This week’s notable decision is Religious Sisters of Mercy v. Azar, Case No. 3:16-cv-00386, __F.Supp.3d__, 2021 WL 191009 (D.N.D. Jan. 19, 2021). In these consolidated cases, a coalition of entities affiliated with the Catholic Church and the State of North Dakota challenged the implementation of Section 1557 of the Affordable Care Act (“ACA”) contending that the Department of Health and Human Services (“HHS”) and the Equal Employment Opportunity Commission (“EEOC”) interpreted Section 1557 and related antidiscrimination laws in a way that compelled them to perform and provide insurance coverage for gender transitions and abortions. 
Continue Reading Court Grants Catholic Church Permanent Injunction Regarding Coverage of Gender-Transition Procedures

Good morning, ERISA Watchers! Today’s notable decision is a good one for employee stock ownership plan (ESOP) participants. In Gamino v. KPC Healthcare Holdings, Inc. et al., No. 5:20-CV-01126-SB-SHK, 2021 WL 162643 (C.D. Cal. Jan. 15, 2021), District Judge Stanley Blumenfeld, Jr. denied motions to dismiss brought by several defendants against whom the…

Below is a summary of this past week’s notable ERISA decisions by subject matter and jurisdiction.

Class Actions

Second Circuit

Vollmer v. Xerox Corp., 20-CV-6979 (CJS), 2021 WL 50907 (W.D.N.Y. Jan. 6, 2021) (Judge Charles J. Sipagusa). In this class action, Plaintiffs alleged that Xerox violated the employee benefit plan by requiring all participants in the 1986 Enhanced Early Retirement Program to begin paying 50% of their medical and dental premiums. Plaintiffs sought a preliminary injunction and were denied. The court found that, where Plaintiffs’ harm could be alleviated by monetary damages and they faced no involuntary termination of coverage, a preliminary injunction was not needed as there was no irreparable harm.
Continue Reading Your ERISA Watch – Week of January 13, 2021