Breach of Fiduciary Duty

Mass. Laborers’ Health & Welfare Fund v. Blue Cross Blue Shield of Mass., No. 22-1317, __ F. 4th __, 2023 WL 3069637 (1st Cir. Apr. 25, 2023) (Before Circuit Judges Gelpi, Lynch, and Thompson)

The Massachusetts Health & Welfare Fund, a self-funded multiemployer group health plan, sued its former third-party administrator, Blue Cross

Hughes v. Northwestern Univ., No. 18-2569, __ F. 4th __, 2023 WL 2607921 (7th Cir. Mar. 23, 2023) (Before Circuit Judges Sykes, Hamilton, and Brennan)

Last year we reported on the Supreme Court’s decision in Hughes v. Northwestern University, No. 19-1401, 142 S. Ct. 737, 2022 WL 199351 (U.S. Jan. 24, 2022)

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