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Current Developments in ERISA Law Around the Nation

Breach of Fiduciary Duty

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BP Employees Win Equitable Relief After Being Misled About Their Retirement Plan

By Peter Sessions on April 3, 2024
Posted in Breach of Fiduciary Duty, Pension Benefit Claims

Guenther v. BP Retirement Accumulation Plan, No. 4:16-CV-995, 2024 WL 1342746 (S.D. Tex. Mar. 28, 2024) (Judge George C. Hanks, Jr.)

As expected, we received a deluge of cases this week as the Civil Justice Reform Act reporting period drew to a close. With so many interesting decisions it was difficult to choose just…

A New Suit Against the NFL Disability Plan Survives Its First Challenge

By KKLP Marketing on March 27, 2024
Posted in Breach of Fiduciary Duty, Class Actions

Alford v. The NFL Player Disability & Survivor Benefit Plan, No. 1:23-cv-00358-JRR, 2024 WL 1214000 (D. Md. Mar. 20, 2024) (Judge Julie R. Rubin)

For faithful readers of Your ERISA Watch, the basic contours and scathing judicial critiques of the operation of the NFL Player Disability and Survivor Benefit Plan, previously known by…

The “Effective Vindication” Doctrine Gains Steam

By Peter Sessions on February 7, 2024
Posted in Breach of Fiduciary Duty, Remedies

Arnold v. Paredes, No. 3:23-CV-00545, __ F. Supp. 3d __, 2024 WL 356751 (M.D. Tenn. Jan. 31, 2024) (Judge Waverly D. Crenshaw, Jr.)

In an effort to prevent benefit plan participants from bringing class actions, or attempting to seek plan-wide relief, as permitted by ERISA under 29 U.S.C. § 1132(a)(2), administrators have increasingly inserted…

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