Category Archives: Litigation

Married for One Year Language Defeats Claim for Benefits

Posted on March 25, 2008 by Administrator

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 … Continue reading →

Posted in Defined Benefit, Litigation, Plan Language | Leave a comment

7th Circuit’s Decision on COLAs in Defined Benefit Case Will Not Be Reviewed by High Court

Posted on March 20, 2008 by Administrator

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 … Continue reading →

Posted in Defined Benefit, Litigation | 2 Comments

Fifth Circuit: AD&D Plans Exist, Therefore They Are…ERISA

Posted on March 11, 2008 by Administrator

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. … Continue reading →

Posted in Cafeteria Plans, Litigation | Leave a comment

Another Possible ERISA Case for the U.S. Supreme Court

Posted on March 4, 2008 by Administrator

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 … Continue reading →

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U.S. Supreme Delivers Decision in LaRue on Recovery for Fiduciary Breaches

Posted on February 20, 2008 by Administrator

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 … Continue reading →

Posted in 401(k), Litigation | 1 Comment

Compelling Decision From Court in CIGNA Cash Balance Class Action Case

Posted on February 18, 2008 by Administrator

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, … Continue reading →

Posted in Cash Balance, Litigation | 1 Comment

Supreme Court May Hear San Francisco ERISA Healthcare Case

Posted on February 14, 2008 by Administrator

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 … Continue reading →

Posted in Cafeteria Plans, Industry News, Litigation | Leave a comment

April 23rd is MetLife Day at U.S. Supreme Court

Posted on February 7, 2008 by Administrator

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 … Continue reading →

Posted in Cafeteria Plans, Litigation | 1 Comment

An Actuarial Miscalculation, an Inadequate ERISA Pleading, and a Claim Made Outside the Contractual Time Frame

Posted on January 31, 2008 by Administrator

Three attorneys walk into a bar after a long day at the 8th Circuit Court of Appeals. One is an ERISA attorney, one is a trial attorney, and one is a mergers & acquisition attorney. The bartender takes one look … Continue reading →

Posted in Litigation | 1 Comment

Petition for Cert. Filed with Supreme Court in another Walmart Reimbursement Case

Posted on January 18, 2008 by Administrator

Roy F. Harmon III of the Health Plan Law blog is reporting that a Petition for Certiorari has been filed in Administrative Committee of Wal-Mart Stores Inc. v. Shank, and has a copy of the petition for cert. posted on … Continue reading →

Posted in Cafeteria Plans, Litigation | Leave a comment