D.L. Markham DDS, MSD, Inc. 401(k) Plan v. Variable Annuity Life Ins. Co., No. 22-20540, __ F.4th __, 2023 WL 8642231 (5th Cir. Dec. 14, 2023)(Before Circuit Judges Clement, Haynes, and Oldham)
This published decision from the Fifth Circuit Court of Appeals turned on the court’s resolution of two important ERISA issues: (1)
Cunningham v. Cornell Univ., Nos. 21-88-cv, 21-96-cv, 21-114-cv, __ F. 4th __, 2023 WL 7504142 (2d Cir. Nov. 14, 2023) (Before Circuit Judges Livingston, Kearse, and Park)
The case law governing excessive fee cases continues to develop in unpredictable ways, as this decision from the Second Circuit demonstrates.
A class of participants and
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