Mealey's ERISA
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January 03, 2024
In Amicus Brief, DOL Supports New Trial In ERISA Imprudence Case
NEW YORK — In an amicus curiae brief echoing the key contention made by Yale University 403(b) retirement plan participants, Acting U.S. Department of Labor (DOL) Secretary Julie A. Su urges the Second Circuit U.S. Court of Appeals to order a new trial in the Employee Retirement Income Security Act class action because the jury instructions erroneously used a “could have” rather than a “would have” standard.
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January 03, 2024
Citing APA, Amicus Groups Urge Review Of 10th Circuit Health Benefits Ruling
WASHINGTON, D.C. — The U.S. Supreme Court should review a ruling that “significantly alter[ed] claims administrators’ obligations in health-benefits denial cases” by adopting “a revisionist interpretation” of U.S. Department of Labor (DOL) regulations, the ERISA Industry Committee (ERIC) and The Chamber of Commerce of the United States of America say in a Jan. 2 joint amicus curiae brief.
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January 03, 2024
10th Circuit Denies Fee Request After Reversing Dismissal Of Parity Act Claim
DENVER — Saying the insureds “have not yet prevailed” on their Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA or Parity Act) claim in a case over residential mental health treatment, a 10th Circuit U.S. Court of Appeals panel denied their opposed motion for attorney fees without prejudice.
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January 03, 2024
11th Circuit Upholds Denial Of Vacation In ERISA Row With Recusal Violation
MONTGOMERY, Ala. — Saying in part that “we see no risk of injustice to the parties absent vacatur” despite a recusal violation, an 11th Circuit U.S. Court of Appeals panel issued an unpublished per curiam opinion upholding denial of a motion to vacate final judgment in a dispute over termination of retiree life insurance benefits.
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January 02, 2024
Stay Bid Pending Certiorari Petition In PBM Law Row Argued In 10th Circuit
DENVER — Disputing whether a planned certiorari petition means the 10th Circuit U.S. Court of Appeals should stay its mandate regarding an Oklahoma law pertaining to pharmaceutical benefit managers (PBMs) that it ruled partially preempted by the Employee Retirement Income Security Act and Medicare Part D, Oklahoma regulators and a trade association argue issues including whether the opinion involves circuit splits.
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December 28, 2023
Judge OKs Lipedema Class Settlement, Awards $100,000 Attorney Fee For Now
SAN FRANCISCO — A class settlement over denial of coverage for a specialized form of liposuction to treat lipedema has been granted final approval, but a California federal judge awarded class counsel only about a tenth of the attorney fees they requested, saying in part that they can seek more once the case’s results are clearer.
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December 28, 2023
10th Circuit: ERISA Preemption Applies In Life Insurance Row
DENVER — Rejecting various arguments including that the Employee Retirement Income Security Act doesn’t apply because the life insurance policy in question has been an individual one since the insured retired, a 10th Circuit U.S. Court of Appeals panel issued an unpublished ruling affirming dismissal of his suit against his former employer.
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December 28, 2023
With Rehearing Denied, 2nd Circuit’s ERISA Prohibited Transaction Ruling Stands
NEW YORK — The Second Circuit U.S. Court of Appeals has denied a rehearing petition in which retirement plan participants whose unsuccessful appeal essentially sought revival of the bulk of their class action argued in part that the challenged decision involving a first-impression prohibited transaction holding conflicts with three other circuits’ rulings.
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December 22, 2023
$6.75M Class Settlement Of ERISA Suit Over Active TDFs Wins Final Approval
SAN JOSE, Calif. — A California federal judge reduced incentive awards to $6,500 in an order granting final approval to the $6.75 million class settlement of retirement plan participants’ suit against LinkedIn Corp. and related entities over the allegedly imprudent selection and retention of Fidelity’s actively managed Freedom suite target date funds (TDFs).
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December 20, 2023
3rd Circuit Upholds Workers’ Exclusion From Affiliate’s ERISA Benefit Plans
PHILADELPHIA — In a nonprecedential disposition, a Third Circuit U.S. Court of Appeals panel affirmed that two individuals weren’t wrongfully denied participation in employee benefit plans offered by a corporation affiliated with the golf club they worked at, with one member opining that her “colleagues problematically ignore essential principles of res judicata.”
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December 19, 2023
Health Plans Drop ERISA Suit Against TPA, Say Claims Will Be Arbitrated
MARSHALL, Texas — A Texas federal judge granted voluntary dismissal of an Employee Retirement Income Security Act suit against the third-party administrator (TPA) of medical and dental plans for The Kraft Heinz Co. under a notice in which the plaintiffs — the plans and the board that acts as their administrator — said their claims will be arbitrated.
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December 19, 2023
5th Circuit Won’t Revive ERISA Prohibited Transaction Case Over Surrender Fee
NEW ORLEANS — Upholding dismissal of a putative class suit over a 401(k) plan service provider’s imposition of a surrender fee, a Fifth Circuit U.S. Court of Appeals panel rejected arguments that the U.S. Department of Labor (DOL) advanced in an amicus curiae brief regarding when an entity is a party in interest under the Employee Retirement Income Security Act.
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December 15, 2023
Judge Won’t Reconsider $3.86M Fees Award In Deal Settling SAG-AFTRA ERISA Row
LOS ANGELES — Noting “the absence of any new facts or new law,” a California federal judge denied the plaintiffs’ motion for reconsideration of a $3,862,500 attorney fees award in a class settlement of a suit against the SAG-AFTRA Health Fund and related entities over benefit cuts and a merger.
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December 14, 2023
10th Circuit Won’t Revisit Ruling That ERISA Partly Preempts Oklahoma PBM Law
DENVER — The 10th Circuit U.S. Court of Appeals has denied Oklahoma regulators’ petition for rehearing of an appeal in which a panel ruled that the Employee Retirement Income Security Act preempts four parts of an Oklahoma law pertaining to pharmaceutical benefit managers (PBMs) and Medicare Part D also preempts one of those parts.
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December 14, 2023
$5M Class Deal Proposed To Settle ERISA Imprudence Suit Over Retirement Plans
DETROIT — Plaintiffs challenging numerous aspects of the management of two Henry Ford Health System (HFHS) retirement plans under the Employee Retirement Income Security Act have asked a Michigan federal court to preliminarily approve a $5 million class settlement agreement.
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December 13, 2023
$1M Class Settlement In ERISA Case Over Hospital Plan Gets Preliminary OK
NEW HAVEN, Conn. — An Employee Retirement Income Security Act case against Yale-New Haven Hospital Inc. and related entities where imprudence allegations relating to record-keeping and administrative (RK&A) fees survived dismissal would be settled under a $1 million class agreement that was granted preliminary approval in a Connecticut federal court.
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December 11, 2023
Yale Retirement Plan Participants Ask 2nd Circuit For New Trial In ERISA Row
NEW YORK — Citing a “seeming inconsistency” in the verdict and arguing that the jury instructions erroneously used a “could have” rather than a “would have” standard, participants in a Yale University 403(b) retirement plan asked the Second Circuit U.S. Court of Appeals for a new trial in their Employee Retirement Income Security Act class action.
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December 11, 2023
Former Fiduciaries Lose Bid For High Court Review Of ERISA Ruling in DOL Case
WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 11 denied a certiorari petition in which two former retirement plan fiduciaries argued that “[t]he liberal amendment standard was specifically designed to protect litigants like” them in challenging a ruling in the U.S. Labor secretary’s Employee Retirement Income Security Act case.
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December 11, 2023
Class Action Circuit Split Arguments Don’t Garner Review Grant In ERISA Row
WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 11 denied a certiorari petition in which Hilton Hotels Retirement Plan and related entities (collectively, Hilton) argued that holdings in a suit over retirement plan vesting determinations “deepen two circuit splits on important, recurring questions of class action law.”
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December 11, 2023
In Health Care Dispute, Michigan Federal Judge Denies Tribe’s Motion For Default
BAY CITY, Mich. — The Saginaw Chippewa Indian Tribe of Michigan is not entitled to default judgment against a health insurance provider that allegedly violated the Employee Retirement Income Security Act (ERISA) by improperly administering two health insurance plans because the tribe failed to show that the providers’ failure to comply with discovery orders was due to willfulness, bad faith or fault, a Michigan federal judge found in denying the tribe’s renewed motion for default judgment.
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December 08, 2023
Dismissal Bid Disputed In Association’s Suit Over Missouri’s New ESG Rules
JEFFERSON CITY, Mo. — Arguing that it has both associational standing and a cause of action to challenge new Missouri rules requiring “a state-authored script” for “incorporating a social or nonfinancial objective into investment advice,” a trade association urged a Missouri federal court to deny state officials’ dismissal motion.
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December 08, 2023
Disability Insurer’s Amended Counterclaim Seeking Reimbursement To Proceed
ST. LOUIS — A disability insurer’s amended counterclaim seeking reimbursement from a claimant for an overpayment of disability benefits based on the claimant’s award of Social Security disability benefits can proceed because the insurer sufficiently pleaded a claim for equitable relief, a Missouri federal judge said in denying the claimant’s motion to dismiss the amended counterclaim.
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December 08, 2023
Appellees Cite Cunningham In 2nd Appeal Over ERISA Imprudence Case
WASHINGTON, D.C. — Two parts of Cunningham v. Cornell University support rulings against retirement plan participants in an Employee Retirement Income Security Act imprudence case, Georgetown University and related appellees tell the District of Columbia Circuit U.S. Court of Appeals in a notice of supplemental authority.
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December 08, 2023
Judge Dismisses Suit After Flight Attendant, Disability Insurer Settle LTD Claim
SAN FRANCISCO — A California federal judge dismissed a disability benefits suit after the parties settled the dispute over a flight attendant’s entitlement to long-term disability (LTD) benefits.
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December 07, 2023
Magistrate Judge In ERISA Row Would Deny Summary Judgment, Certify Classes
GALVESTON, Texas — For reasons he said included numerous genuine issues of material fact, a Texas federal magistrate judge recommended denying motions for partial and full summary judgment in an Employee Retirement Income Security Act dispute over alleged retirement plan mismanagement.