ERISA

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No case of the week this week, but keep reading to stay abreast of the latest ERISA developments.

Below is a summary of this past week’s notable ERISA decisions by subject matter and jurisdiction.

Attorneys’ Fees

Third Circuit

Kairys v. S. Pines Trucking, Inc., No. 2:19-cv-1031-NR, 2022 WL 1457786 (W.D. Pa. May 9, 2022) (Judge J. Nicholas Ranjan). Having succeeded on the merits with his statutory wage and ERISA claims, plaintiff Thomas Kairys moved for attorneys’ fees and costs. Defendant Southern Pines Trucking agreed that an award of fees and costs was appropriate but objected to the amount of both the attorneys’ fees and the costs requested, arguing they were excessive. Although the hourly rates were not specified in the decision, the court found “the rates Mr. Kairys’ counsel charged are well-supported and reflective of the market rate.” Accordingly, the court overruled defendant’s request to reduce the hourly rates. The court also articulated that the billing entries were appropriately detailed.
Continue Reading Your ERISA Watch – Week of May 18, 2022

Spring break continues with another slow week ERISA-wise in the courts. But go on an Easter egg hunt for one case that decides that speeding is not a crime, another that allows a claim based on the Takings Clause of the Fifth Amendment to go forward against the government for statutory amendments to ERISA, and other interesting decisions below.

Continue Reading Your ERISA Watch – Week of April 13, 2022

Thanks to the Civil Justice Reform Act of 1990, 28 U.S.C § 476 (which was introduced by our current President when he was the junior senator from Delaware), the federal courts are required twice per year to report motion and bench trial decisions that have been pending for more than six months. One of those deadlines expired last week, on March 31, and as a result, we have been deluged with decisions – 50 in all!

There is something for everyone in this week’s installment, ranging from lawsuits against Puerto Rico and New York City involving ERISA preemption to a warning against health care behemoth United to stop removing state law cases to federal court, to an overturned jury verdict regarding ERISA retaliation. Enjoy this week’s edition while your editors take a breather.
Continue Reading Your ERISA Watch – Week of April 6, 2022