Knudsen v. MetLife Grp., Inc., No. 23-2420, __ F.4th __, 2024 WL 4282967 (3d Cir. Sept. 25, 2024) (Before Circuit Judges Restrepo, Freeman, and McKee)
Under the “case or controversy” requirement of Article III of the United States Constitution, a plaintiff must be able to show that the defendant has caused a redressable injury…
Dwyer v. United Healthcare Ins. Co., No. 23-50439, __ F.4th __, 2024 WL 4230125 (5th Cir. Sept. 19, 2024) (Before Circuit Judges Higginson, Willett, and Oldham)
Plaintiff Kelly Dwyer is the father of E.D., who as a preteen was diagnosed with anorexia nervosa, which has the highest mortality rate of any psychiatric disorder.…
Barrett v. O’Reilly Auto., No. 23-2501, __ F. 4th __, 2024 WL 3980839 (8th Cir. Aug. 29, 2024) (Before Circuit Judges Benton, Arnold, and Stras)
Our case of the week cannot be said to tread new ground. According to the Eighth Circuit, this investment fee case is “nothing new.” Like other such cases, it…
Your ERISA Watch is short-staffed this week as we take much-needed end of summer vacations. But ERISA never sleeps, so rather than leave our loyal readers in the lurch, we are still publishing, albeit with no highlighted case of the week. We hope you had a restful Labor Day!
Below is a summary of this…
It was a busy ERISA week in the federal courts, especially at the appellate level where the circuit courts issued no fewer than five decisions, three of them published. It was too difficult to focus on just one case, so we’ve decided to let you choose your own adventure among the notable decisions below:
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Unlike employee contributions, employer contributions to 401(k) plans do not immediately vest, but instead do so under plan and ERISA vesting provisions, generally after three to five years of service with the employer. What happens to these contributions when employees leave covered employment before that time is at the center of numerous recently-filed lawsuits, including…
Pizarro v. Home Depot, Inc., No. 22-13643, __ F.4th __, 2024 WL 3633379 (11th Cir. Aug. 2, 2024) (Before Circuit Judges Branch, Grant, and Carnes)
Your ERISA Watch is cheating a little in this edition, as our case of the week is not actually from last week, but the week before. Rather than relegate…
Federation of Americans for Consumer Choice, Inc. v. United States Dep’t of Labor, No. 6:24-cv-163-JDK, __ F. Supp. 3d __, 2024 WL 3554879 (E.D. Tex. Jul. 25, 2024) (Judge Jeremy D. Kernodle)
American Council of Life Insurers v. United States Dep’t of Labor, No. 4:24-cv-00482-O, 2024 WL 3572297 (N.D. Tex. Jul. 26, 2024)…
Suchin v. Fresenius Med. Care Holdings, No. Civ. JKB-23-01243, 2024 WL 3495778 (D. Md. Jul. 22, 2024) (Judge James K. Bredar)
Lovers of Don Quixote, and we count ourselves among them, might fondly recall scenes of Sancho Panza sitting as a judge and earnestly attempting to dole out justice. He endeavored, if not always…
