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Your ERISA Watch

Current Developments in ERISA Law Around the Nation

Statutory Penalties

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Fourth Circuit Expands Statutory Penalty Scope

By Peter Sessions on August 12, 2026
Posted in Breach of Fiduciary Duty, Statutory Penalties

Kelly v. Altria Client Services, LLC, Nos. 25-1350, 25-2080, __ F.4th __, 2026 WL 2293854 (4th Cir. Aug. 10, 2026) (Before Circuit Judges Quattlebaum, Benjamin, and Berner)

This week’s notable decision primarily addresses whether a delay in the timing of a transaction in a plan participant’s retirement account can give rise to ERISA liability.

Ninth Circuit Holds That ERISA Requires Accurate Benefit Statements

By Emily Payson & KKLP Marketing on May 15, 2024
Posted in Pension Benefit Claims, Statutory Penalties

Bafford v. Admin. Comm. of the Northrop Grumman Pension Plan, No. 22-55634, __ F. 4th __, 2024 WL 2067884 (9th Cir. May 9, 2024) (Before Circuit Judges Christen, Desai, and Johnstone)

For the second time in close to as many years, the Ninth Circuit reversed the district court’s dismissal of this action brought…

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