Attorney client privilege for fiduciaries
Hill v. State Street Corp.

DOMA and same sex marriage
Roe & Doe v. Empire Blue Cross and St. Joseph's Medical Center
Hollingsworth v Perry (Supreme Court 2013)
US v. Windsor (Supreme Court 2013)

Claims Procedures

A comment on overly broad document requests: Employee Benefits Law Report
Plan administrator needs to show only substantial compliance w/ claims procedure
against assigned physician. Torpey v. Anthem Blue Cross Blue Shield, 2014 U.S. Dist.
LEXIS 53342 (D.N.J. Apr. 16, 2014)

Heimeshoff v. Hartford Life Insurance Company of America. 36 month
from claim date limit approved.

Munro-Kienstra v. Carpenters Fund 24 month period to bring suit

Claims procedures should be amended to cover inquiries as well as claims
(Kirkendall v Halliburton)

Release must specifically reference ERISA (Whipsaw case)

SHIELD ASSOCIATION Assignment of claims grants participant status to

Class actions
BakerMcKenzie analysis of arbitration clauses

ERISA jurisdiction
Medwell, LLC v CIGNA (CIGNA said claim non-assignable to physicians and
was stuck with state law as a result)

LTD policies a plan
Employer bad advice for life insurance not ERISA breach

Ellis affirmed by 8th Circuit
Ellis v. Commissioner Rollover IRA funding business start-up disqualified

Russell v. Harman International Industries (DC Cir.) 773 F.3d 253
(ERISA Releases binding; lists 6 factors of other courts and 1st Cir.)


Skinner v Northrup Gruman
post-Larue analysis and limitation of equitable remedies
Ford & Harrison analysis
UConn Law Review_2010

510 whistleblowing
BNA explanation of circuit split

510 ACA claims
Marin motion to dismiss
Marin complaint

The want to be a participant analysis: Porter Wright blog
Firestone v Bruch USSC (status as participant)
Fleming v. Ayers & Associates 6th Cir (status as participant)
Sanders v Amerimed

510 claims generally
Analysis: Katz Marshall

502(a)(3) equitable relief /
Superb analysis Steptoe and Johnson - latest 2nd Cir. Amara
developments: contract reformation
Post-Amara 6th Cir DOL brief: reformation and surcharge under
Rochow v. Life Ins. Co. of North America
6th Cir. award of 502(a)(3) disgorged profits and medical claim 502(a)(1)
explained: Sidley Austin

McCutcheon v. US Airways (Plan Terms Trump Equity)
Paul Hastings explains

Skinner: Post Amara 9th circuit on incorrect SPD (Spencer Fane blog)

Mertens v. Hewitt Associates

Great-West Life & Annuity Ins. Co. vs. Knudson

Sereboff v. Mid Atlantic Medical Services, Inc.

Knieriem v Group Health Plan, Inc.

LaRue v. DeWolfe et al
brief re appropriateness of equitable surcharge

Young and Walsh v. Principal Financial Group
502(a)(3) fee restitution by Principal for inducing transfer to high cost IRA's

Stark v Mars, Inc.
Incorrect benefit calculation: participant loses; equitable standards explained

Bell Atlantic and scrivener's error
Young v. Bell Atlantic Cash Balance Plan (7th Cir., 2010)
scrivener's error)

Taxpayer wins tax-free LTD case. IRC 104

Fiduciary Duties under 404(c)
Tullis v. UMB Bank (self-directed brokerage accounts) / Porter Wright blog

Fiduciary duties: statute of limitations
Tibble v. Edison International

Fiduciary duties (float)
In re Fidelity Float Litigation DC MA 3/15/2015

Fiduciary Duties
Rosen v. Prudential
Tibble v Edison International

Fiduciary duties (revenue sharing)

7_2015 8th Circuit remand decision analyzed
Tussey en banc petition
Sidley Austin explains final decision
Tussey v. ABB, Inc., 746 F. 3d 327 (3/19/2014)
Tussey v ABB, Inc. (USDC Western Mo, 2012)
DOL 2013 Amicus brief to 8th Circuit
King & Spaulding analysis
(Dorsey analysis)
Littler analysis: failure to follow IP Statement

Fiduciary duties (stock drop cases)
2016 Utz & Lattan analysis of cases
2016 analysis
Fifth Third Bancorp v. Duedenhoffer USSC
Moench presumption resisted by DOL
Moench presumption taking root (Ballard Spahr)
NY Law Journal analysis

Fiduciary duties (plan assets)
self insured plan funds w/ TPA / Borrroghs Corp. v. Blue Cross (E.D. Mich 2012)

Fiduciary standards
MetLife v. Glenn:   Supreme Court rules against conflict of interest in plan administration
Harris v. Amgen, Inc. -- Incorporation of SEC documents is a fiduciary act.

Amendment of Welfare Plan
Price v Laborers' Fund (retro amendment denying disability benefits)

Health insurance
Out of network loss for CIGNA and United Health care
Halo v Yale sparse claims denials do not bring penalties

Summary Plan descriptions
SPD is Plan document; no requirement for separate plan document at
Rhea v. Alan Ritchey Incorporated welfare Benefit Plan 5th Cir.,

SPD is Plan document MBI Energy services v Hoch 2019

Is it incorporate in plan or not? Johnson v. United of Omaha (DC Nebrasaka 2014)
DOL brief: 100 page certificates of coverage too long for SPD: Silva v. MetLife
Conflict between Plan and SPD / Roy Harmon article
5th Circuit confirms that incorrect SPD trumps the plan document

SEVERANCE Plan Litigation

Mance v Quest Diagnostics
voluntary agreements not a plan

Gomez v Ericcson
Court finds ERISA plan and dismisses

Okun v. Montefiore
"voluntary" severance program -- lump sum payments -- not ERISA severance plan

TOP HAT litigation
Winston and Strawn 2016 update: Bond V. Marriott and Sikora v. UPMC

Alexander v. Brigham and Women's Physician
Organization, Inc., January 23, 2008, First Cir. Ct of App.

DOL brief: Top hat plan must be exclusively for top hats

Niebauer v. Crane & Co., Inc. DC MA 2014): standard of review is
arbitrary and capricious.

Tolbert v. RBC Capital markets (5th Cir. 2014)
deferred comp. plan is under ERISA; remanded for top-hat

Feinstein v. St. Luke's Hospital    Court upholds top-hat forfeiture of
physicians who resigned. (in 2012 hospital awarded attorneys fees)

Noonan v. Staples. 1st Circuit defers to employers when they determine forfeitures for

Daft v. Advest, Inc. (vesting if plan not a top-hat)

Davidson v. Henkel Corporation  Employer liable for 3121(v) mistake

Cantrell v. Briggs
deferred compensation over 10 years with non-competes not an ERISA plan

Judge Tauro rules that cashed-out participants may sue for fiduciary breach

Governmental Plan Status
Smith v. Regional Transit authority