Latest from Your ERISA Watch

We hope all of our readers had a chance to gaze up in wonder this week to witness the solar eclipse. Unfortunately, we did not spot a decision worthy of this awe-inspiring celestial event. But, as always, this week brings us decisions on many important ERISA issues, so keep reading for the ones that inspire

It’ s been another slow-ish week here in ERISA Watch territory, with no case of the week. But keep reading for contrasting approaches (and outcomes) in pension investment fee cases, the latest in the Cloud case challenging the NFL’s disability benefit plan, and a case involving the NBA’s COVID-19 vaccination policy.

Below is a summary

It has been a slow week here in ERISA World. Slow does not mean boring, however. Interestingly, in two of the cases we report on this week, courts refused to award attorneys’ fees to plaintiffs despite their partial or total success on the merits. In two other cases, courts rejected arguments that plaintiffs had failed

Watson v. EMC Corp., No. 22-1356, __ F. App’x __, 2024 WL 501610 (10th Cir. Feb. 9, 2024) (Before Circuit Judges Matheson, Kelly, and Eid)

Individual benefit plan participants and beneficiaries seeking relief under ERISA typically look to two different provisions in deciding what claims to bring. One section, 29 U.S.C. § 1132(a)(1)(B), allows