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Current Developments in ERISA Law Around the Nation

Breach of Fiduciary Duty

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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…

Under Fifth Circuit Ruling, Plan Service Provider’s Refusal to Waive Surrender Fee Pays Off

By KKLP Marketing on December 20, 2023
Posted in Breach of Fiduciary Duty

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)…

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