Your ERISA Watch is short-staffed this week as we take much-needed end of summer vacations. But ERISA never sleeps, so rather than leave our loyal readers in the lurch, we are still publishing, albeit with no highlighted case of the week. We hope you had a restful Labor Day!
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It was a busy ERISA week in the federal courts, especially at the appellate level where the circuit courts issued no fewer than five decisions, three of them published. It was too difficult to focus on just one case, so we’ve decided to let you choose your own adventure among the notable decisions below:
For the second week in a row, no single decision struck us as worthy of the spotlight. Perhaps the courts, like much of the rest of America, were too exhausted by the heatwave to set any precedents or make any rash decisions. Still, ERISA enthusiasts should read on to learn about the use of proprietary