Peter Sessions

Peter S. Sessions is a partner at Kantor & Kantor who has been with the firm since 2004. Peter represents individual clients seeking health, life, and disability benefits, typically under employee health plans.

Contact:

Ninth Circuit Creates Circuit Split in Broadly Interpreting ERISA’s Prohibited Transactions Provision

By Peter Sessions on August 9, 2023

Posted in Breach of Fiduciary Duty

Bugielski v. AT&T Servs., Inc., No. 21-56196, __ F.4th __, 2023 WL 4986499 (9th Cir. Aug. 4, 2023) (Before Circuit Judges Paez and Bade and District Judge Raner C. Collins)

Section 406(a) of ERISA prohibits benefit plan fiduciaries from entering into certain transactions with “parties in interest.” Prohibited transactions include the sale of property…

Third Circuit Agrees With Fellow Circuits That Arbitration Provisions Are Unenforceable If They Bar Participants From Pursuing Statutory Plan-Wide Relief

By Peter Sessions on July 12, 2023

Posted in Arbitration

Henry v. Wilmington Trust NA, No. 21-2801, __ F.4th __, 2023 WL 4281813 (3d Cir. June 30, 2023) (Before Circuit Judges Chagares, Jordan, and Scirica)

Your ERISA Watch is cheating a little bit, as the case of the week is actually from two weeks ago. However, Your ERISA Watch was on vacation last week…

Is You Is or Is You Ain’t a Fiduciary: Ninth Circuit Rules That Disability Insurer Who Miscalculated Benefits Is an ERISA Fiduciary

By Peter Sessions on June 7, 2023

Posted in Breach of Fiduciary Duty

Morris v. Aetna Life Ins. Co., No. 21-56169, __ F. App’x __, 2023 WL 3773656 (9th Cir. Jun. 2, 2023) (Before Circuit Judges Wardlaw and W. Fletcher, and District Judge Edward R. Korman)

Because ERISA allows benefit plan participants and beneficiaries (among others) to sue for breach of fiduciary duty, one of the thorniest…