Today in ERISA History
June 7, 2004 – The U.S. Supreme Court released their decision in Central Laborers’ Pension Fund v. Heinz, 541 U.S. 739 (2004). The opinion by Justice Souter begins with: “With few exceptions, the...
View ArticleToday in ERISA History
June 12, 2000 – The U.S. Supreme Court releases a pair of decisions about ERISA’s fiduciary provisions both on appeal from the U.S. Court of Appeals for the 7th Circuit. In Pegram et al. v. Herdrich,...
View ArticleToday in ERISA History
June 18, 1984 – The U.S. Supreme Court releases their opinion in Pension Benefit Guaranty Corp. v. R.A. Gray & Co., 467 U.S. 717 (1984), holding that the application of the withdrawal liability...
View ArticleToday in ERISA History
June 19, 2008 – The U.S. Supreme Court issues its opinion in Metropolitan Life Ins. Co. v. Glenn, 554 U.S. 105 (2008), deciding that when an entity both administers the plan and determines whether an...
View ArticleToday in ERISA History
June 20, 2002 – The U.S. Supreme Court releases its opinion in Rush Prudential HMO, Inc. v. Moran, 536 U.S. 355 (2002), holding that an Illinois statute which provided recipients of health coverage by...
View ArticleSupreme Court Likely to Release Affordable Care Act Opinion on Monday
If you’ve already made your pick in your office pool about when the U.S. Supreme Court will release its opinion regarding the Affordable Care Act, you may not want to read the rest of this post. The...
View ArticleUnited Employee Benefit Fund, Govt Reach Agreement Over Loan Allegations
What started with a bang has ended with a whimper. It began with the Dept. of Labor issuing a press release on Aug. 30, 2011, announcing that the DOL was seeking “to recover more than $1 million in...
View ArticleFedEx Independent Contractor Misclassification Lawsuits Wait for Answer from...
Recognizing that the FedEx independent contractor class action lawsuit “is of great importance not just to this case but to the structure of the American workplace”, the U.S. Court of Appeals for the...
View ArticleCourt Finds ERISA Plans Invested with Madoff not Madoff Customers
If you’ve been wondering about whether the qualified plans invested with Bernard L. Madoff Investment Securities LLC would be able to recover some of their losses through the $500,000 maximum made...
View ArticleCourt Finds Third Party Administrator Liable as Fiduciary
Despite language in their contract which expressly states that they are not a fiduciary, yesterday the Court of Appeals for the 6th Circuit found Professional Benefits Administrators (PBA) was a...
View ArticleDistrict Court Says No to IRS About RTRPs, Are ERPAs, Enrolled Actuaries or...
Almost a month has passed since the U.S. District Court of the District of Columbia issued its opinion about IRS Circular 230 on Jan. 18, 2013, and I’m a little surprised by the lack of discussion...
View ArticleUS Supreme Court to Hear Fifth Third Stock Drop Case
The U.S. Supreme Court granted cert. today to the stock drop case – Fifth Third Bancorp v. Dudenhoefer – out of the 6th Circuit Court of Appeals. The case is not assigned a date yet for oral argument,...
View ArticleTop 5 ERISA Opinions in 2013
Employee Benefit News (EBN) posted their top 5 ERISA-related cases of 2013. 3 out of the 5 are opinions released by the U.S. Supreme Court in 2013. One is Fifth Third Bancorp v. Dudenhoeffer, which...
View ArticleNew IRS Amendment Info on Supreme Court’s Decision on Same-Sex Marriage for...
On Friday (April 4, 2014), the IRS issued Notice 2014-19, addressing how the U.S. Supreme Court’s decision on same-sex marriage in U.S. v. Windsor and IRS Rev. Rul. 2013-17 affects retirement plans and...
View ArticleUS Supreme Court to Hear Retiree Healthcare Benefits Case in Nov. 2014
In a few weeks, on Nov. 10, 2014, the U.S. Supreme Court will hear oral arguments in M&G Polymers USA, LLC v. Tackett. The case is out of that hotbed of ERISA litigation, the U.S. Court of Appeals...
View Article6th Circuit Says Girl Scouts Trapped in Hotel California-Style MEP
That hotbed of ERISA litigation, the U.S. Court of Appeals for the 6th Circuit, released another ERISA opinion on Oct. 23, 2014, which brings to mind that line by the Eagles: “You can check-out any...
View Article
