Pension Protection Act Blog

ERISA is a different statute, in a different title of the United States Code. Plaintiffs seek to use ERISA to recover for events that as a result of PSLRA could not support an action on behalf of shareholders at large.

- Judge Easterbrook

With the ink barely dry on the Supreme Court’s opinion in LaRue v. […]

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CNN is reporting that Wal-Mart has decided to not pursue reimbursement for medical expenses paid by the Walmart Stores, Inc. Associates Health and Welfare Plan for Deborah Shank. I previously blogged about this case here. (hat tip to Paul Secunda of the Workplace Prof blog).
Deborah Shank was the former Walmart employee who […]

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Common language contained somewhere in most qualified plan documents is the definition of spouse. Within that definition can be the requirement that a participant must be married for a period of one year before the spouse is recognized by the plan as the participant’s spouse. In a recent case from the 5th Circuit […]

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The U.S. Supreme Court has denied Rohm & Haas’ petition for writ of certiorari. On theOrder List for March 17th, the Court stated:

“07-906 ROHM AND HAAS PENSION V. WILLIAMS, GARY
The motion of Chamber of Commerce of the United States of
America for leave to file a brief as amicus curiae is granted.
The motion of National […]

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To be ERISA-qualified, a plan must: (1) exist;

5th Circuit Court of Appeals, Per Curium, Read v. Sun Life Assurance, No. 07-10945, March 7, 2008.

In an interesting opinion from the 5th Circuit in Read v. Sun Life Assur. Co. of Canada, No. 07-10945 (5th Cir., March 7, 2008), the Court held that the […]

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In a year of great upheaval in plan documents due to regulatory and legislative changes, the third branch of government has decided to join in and add to the ERISA stress factor. This year, the U.S. Supreme Court has already decided LaRue, has MetLife coming up on the oral argument calendar in April, and […]

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The U.S. Supreme Court has issued a decision in LaRue v. DeWolff, Boberg & Assoc. Inc., No. 06-856 (Feb. 20, 2008). (Hat tip to SCOTUSblog.)
Numerous articles will be written in the next couple of days and months about the meaning and impact of LaRue. More immediate concerns raised by LaRue are […]

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Difficult, time-consuming, and expensive litigation with uncertain results - such as this case represents - is assuredly not a sensible way to manage the Nation’s retirement system for either employers or employees.

- Judge Mark R. Kravitz
U.S. District Judge, District of Connecticut
February 15, 2008

A partial decision is in from the […]

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SCOTUSblog is reporting that Supreme Court Justice Anthony M. Kennedy has asked the city of San Francisco to respond to a plea by the Golden Gate Restaurant Association in their application that San Francisco’s Health Care Security Ordinance is pre-empted by ERISA. Justice Kennedy gave the city of San Francisco until 5pm next Wednesday […]

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The oral argument calendar for April has been released by the U.S. Supreme Court, and MetLife v. Glenn is scheduled for April 23rd, 2008. It is one of two cases scheduled for that day - the other case is Meacham v. Knolls Atomic Power Laboratory about the burden of persuasion under the ADEA. […]

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