ERISA plan could offset other disability payments 
Published: May 21, 2012
Tags: disability benefits, ERISA, offset
An ERISA plan could reduce an insured’s monthly long-term disability benefits by the amount of disability payments that he received from a separate insurance policy, the 3rd Circuit has ruled in affirming judgment.
ERISA plaintiffs needn’t make pre-suit demand
Published: April 19, 2012
Tags: 401(k), 401(k) plans, ERISA, insurance, John Hancock, retirement plans
Plaintiffs were not required to make a pre-suit demand for remedial action upon their retirement plans’ trustees before pursuing an ERISA action against an insurance company that allegedly charged excessive fees, the 3rd Circuit has ruled in reversing a dismissal.
ERISA plan can’t exclude transgender spouse
Published: April 12, 2012
Tags: ERISA, transgender
An ERISA plan wrongly terminated the health insurance of an employee’s wife after learning that she had been born a male, a U.S. District Court in Minnesota has ruled.
DOL boosts enforcement actions of ERISA regs
Published: April 11, 2012
Tags: Department of Labor, Employee Benefits Security Administration, ERISA, fiduciary
WASHINGTON – The Department of Labor has launched an effort to increase enforcement actions by its Employee Benefits Security Administration, the agency in charge of administering and enforcing ERISA regulations.
ERISA plan didn’t violate anti-cutback rule
Published: March 27, 2012
Tags: ERISA, pensions, Social Security offset
A pension plan amendment that eliminated a more favorable Social Security offset for certain retirement benefits did not violate ERISA’s anti-cutback rule, the 11th Circuit has ruled in affirming judgment.
Estate can sue ex-wife to recover ERISA funds
Published: March 22, 2012
Tags: divorce, ERISA
The estate of a divorced man could sue his ex-wife to enforce her waiver of rights to the proceeds of his ERISA retirement plan, the 3rd Circuit has ruled in reversing judgment.
ERISA plans may offset child’s Social Security benefits
Published: March 6, 2012
Tags: disability benefits, ERISA, Social Security
Employee benefit plans could reduce long-term disability benefits by the amount of Social Security disability benefits received by the plan participants’ dependent children, the 7th Circuit has ruled in affirming judgment.
ERISA fiduciary may be liable for GM stock purchases
Published: February 24, 2012
Tags: ERISA, General Motors
An ERISA fiduciary may be liable for allowing participants to invest in General Motors common stock when public information indicated that the car company was headed for bankruptcy, the 6th Circuit has ruled in reversing a dismissal.
ERISA plaintiff could show subject matter jurisdiction
Published: January 25, 2012
Tags: ERISA, jurisdiction
An ERISA plaintiff was not required to show that he was a plan participant for the purpose of establishing subject matter jurisdiction in his lawsuit challenging the termination of his long-term disability benefits, the 9th Circuit has ruled in reversing a dismissal.
Employment law survey reveals key trends
Published: January 19, 2012
Tags: AT&T Mobility v. Concepcion, Department of Labor, DOL, EEOC, Equal Employment Opportunity Commission, ERISA, fair labor standards act, FLSA, Seyfarth Shaw, wage and hour, Wal-Mart v. Dukes
National employment law firm Seyfarth Shaw recently released its annual survey of employment law cases, summarizing key trends in the field from U.S. Supreme Court decisions to state and federal court decisions and regulatory actions.
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