General Fiduciary Breach Litigation

By Mark Casciari

Today, the Supreme Court, in a 9-0 decision authored by Justice Breyer, issued its decision in Fifth Third Bancorp v. Dudenhoeffer, stating, “We hold that no such presumption [of prudence] applies. Instead, ESOP fiduciaries are subject to the same duty of prudence that applies to ERISA fiduciaries in general, except that

By: Ian Morrison and Abigail Cahak

The first (or second) question to ask in any ERISA breach of fiduciary duty case is whether the acts in question are even fiduciary acts.

On appeal in an ERISA “stock drop” case, the Second Circuit focused on that basic question, resulting in a clean win for the defendants.

By: Ada Dolph and James Goodfellow

The U.S. Department of Labor (“DOL”) continues to roll out regulations focused on plan fee disclosures.  Last week, the DOL published a proposed amendment to the 2012 final rule proposing to make mandatory a guide for covered service providers to include with their ERISA Section 408(b)(2) disclosures to plan

By: Ronald J. Kramer

When it comes to monetary damages, usually a plaintiff must show some type of harm to recover.  That apparently is not the case, however, when seeking plan reformation as a remedy for an alleged failure to disclose certain information.

In Osberg v. Foot Locker, Case No. 13-187-cv (2d Cir. Feb.

By: Mark Casciari and Annette Kim

In Killian v. Concert Health Plan, No. 11-1112 (7th Cir. Nov. 7, 2013), the Seventh Circuit en banc reversed the judgment of the district court, holding plaintiff-appellant, James Killian, may pursue a claim for breach of fiduciary duty against his deceased wife’s health care plan.  Mr. Killian

By: Mark Casciari and Chris Busey

Anyone who can spell ERISA knows the difference between defined benefit (DB) and defined contribution retirement plans. This distinction was again at the forefront of a recent U.S. district court decision.  

In Palmason v. Weyerhauser Co., No. 11-0695 (W.D. Wash. Aug. 23, 2013), plaintiffs were participants in the

By: Ron Kramer and Chris Busey

Fiduciaries who breach their duties may pay the consequences far longer than they may think, for they may not even be able to escape liability through personal bankruptcy.  In Raso v. Fahey (In re Fahey), No. 11-1118 (June 11, 2013), the U.S Bankruptcy Court for the District of

By: Amanda Sonneborn, Meg Troy and Sam Schwartz-Fenwick

On June 13, 2013, the Seventh Circuit held that the Supreme Court’s decision CIGNA Corp. v. Amara authorized an ERISA plaintiff seeking equitable relief under ERISA § 502(a)(3) to receive money damages in a fiduciary breach action.  In Kenseth v. Dean Health Plan, Inc., Case No.