Judicial Documents

The ERISA Industry Committee Files Lawsuit Against Oregon

ERIC has filed a complaint in the United States District Court for the District of Oregon against the Oregon Retirement Savings Board for obstructing federal law. In the complaint, ERIC is requesting an injunction against only the reporting requirement OregonSaves imposes on employers that already provide a retirement plan… More

ERIC’s Legal Complaint about OregonSaves State Retirement Plan: What You Need to Know

OregonSaves is the State of Oregon’s state-run retirement program. Signed into law in June 2015, the Oregon Retirement Savings Board was implemented and tasked with creating a defined contribution retirement plan for private-sector employees… More

protected content Supreme Court Holds for Companies and Statements of Opinions/Corporate Filings

The Supreme Court recently ruled in support companies and statements in its corporate filings by holding that public companies are not liable for statements of opinions that turn out to be false. … More

protected content Cert Request in RJR Pension Investment Committee v. Tatum

The Supreme Court has asked for the solicitor general to weigh in regarding whether it should grant cert to a case that would decide who bears the burden of proving a breach of fiduciary duty caused financial losses to a pension plan. … More

protected content Oral Arguments in King v. Burwell:  They Came, They Spoke, They Sat Down Again

Oral arguments in King v. Burwell were heard on Wednesday, and few pundits have failed to render an opinion. To me, the bottom line is… More

protected content Supreme Court Hears Oral Arguments in Tibble v. Edison International

The U.S. Supreme Court on February 24 heard oral arguments in Tibble v. Edison International involving whether a claim that fiduciaries breached their duty of prudence by offering higher-cost retail-class mutual funds to participants instead of institution-class mutual funds … More

protected content SCOTUS Declines to Take on Windstream Case, Permitting Reduction of Retiree Health Benefits

The U.S. Supreme Court on February 23 declined to rehear a decision from the 8th Circuit Court that basically left standing an action by Windstream Corporation to significantly reduce retiree health benefits … More

protected content Second Circuit Rules for Plaintiffs in Amara v. Cigna

Earlier today the U.S. Court of Appeals for the Second Circuit upheld the district court’s finding of plan reformation in Amara v. Cigna Corp.… More

Second Circuit Ruling in Amara v. CIGNA Corp.

Amara v. CIGNA Corp. … More

protected content Solicitor General Invited to File Brief in ERISA Preemption Case

The U.S. Supreme Court has invited the Solicitor General to file a brief to advise the Court whether to accept cert in the case of Gobeille v. Liberty Mutual Insurance Company. … More

protected content U.S. Supreme Court Hears Oral Arguments in Retiree Health Case

The U.S. Supreme Court recently heard oral arguments in the case of M&G Polymers USA, LLC v. Tackett, which involves when retiree health benefits are considered to be vested. … More

protected content Supreme Court Declines Review of Fiduciary Breach Claims in Tussey v. ABB

The U.S. Supreme Court recently announced that it will not hear the case of Tussey v. ABB, despite encouragement from the Solicitor of Labor to hear the case. The Tussey case involved whether deference should be limited to fiduciaries’ decisions that relate to benefit claims. … More

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District Court Denies EEOC’s Request for Temporary Restraining Order and Injunction against Company Wellness Program

Today, the judge in the U.S. District Court in Minnesota denied EEOC’s request for a TRO/PI, finding that the Honeywell wellness program inflicted no “irreparable harm”. … More

protected content EEOC Once Again Goes after Employer Wellness Plan; Files for Temporary Restraining Order

Yesterday the EEOC filed for a Temporary Restraining Order (TRO) and an Expedited Preliminary Injunction in the U.S. District Court of Minnesota, claiming that Honeywell’s wellness program violates both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). … More

protected content Sixth Circuit Allows Plan to Restrict Where Lawsuits Can Be Filed

The Sixth Circuit Court of Appeals recently held that a plan document can limit where participants can file suit. In Smith v. Aegon Companies Pension Plan, the participant retired in 2000 and began to receive benefits… More

protected content Court Approves Class Action and Reinstates Claim in Osberg v. Foot Locker

We wanted to update ERIC members on the latest developments in the Osberg v. Foot Locker case (in which ERIC previously filed an amicus brief on behalf of members with the Second Circuit Court of Appeals). … More

protected content Supreme Court Agrees to Hear Case on Monitoring Plan Investments

The U.S. Supreme Court has indicated that it will hear the case of Tibble v. Edison International, which involves the selection and monitoring of plan investments and the amount of fees related to those investments.… More

protected content EEOC Leaps into the Wellness Fray AGAIN

The EEOC has double-downed on their rulemaking-through-lawsuit approach to wellness programs by suing Flambeau, Inc., for a similar violation of the ADA. … More

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Oklahoma District Court Finds Individuals in Federal Exchanges Ineligible for Subsidized Coverage under ACA

The federal district court in Oklahoma today decided to vacate the IRS regulation under the Affordable Care Act (ACA) that permits individuals in states with federal Exchanges to receive subsidized health insurance. … More

protected content Ninth Circuit Considers All Relevant Factors When Reviewing Fiduciary Decisions

The Ninth Circuit Court of Appeals recently examined the standard that applies when courts review a fiduciary’s benefit denial. The Court held that courts should consider “all of the relevant circumstances,” rather than upholding an administrator’s decision as long as it was reasonable.… More

protected content D.C. Circuit Court Agrees to Rehear ACA Case Involving Tax Subsidies

The full U.S. Court of Appeals for the District of Columbia announced September 4 that it will rehear the case involving whether tax subsidies are available for both the state-based and federally-run exchanges (Halbig v. Burwell).… More

protected content SOL Recommends That Supreme Court Decide Fiduciary Duty Case

The Solicitor of Labor recently recommended that the U.S. Supreme Court consider to what extent fiduciaries are required to monitor investments on an ongoing basis in Tibble v. Edison International. In the Tibble case, the participants alleged that the plan fiduciaries improperly included retail-class mutual funds as investment options and violated the plan’s terms by allowing revenue sharing. … More

protected content EEOC Leaps into the Wellness Fray

In a complaint filed yesterday, the EEOC sued Orion Energy Systems Inc. The EEOC claims that Orion violated the Americans with Disabilities Act (ADA) because it forced an employee to submit to medical exams and inquiries that were not job-related and consistent with business necessity as part of a wellness program that, according to the EEOC, was not voluntary. … More

protected content Fourth Circuit Examines Fiduciary Duties

The Fourth Circuit Court of Appeals recently ruled in Tatum v. RJR Pension Investment Committee on the requirements for fiduciaries when eliminating a plan investment.… More

protected content Mixed Results from Courts of Appeals on ERISA Preemption

In recent weeks, U.S. Courts of Appeals have provided mixed results when determining whether state laws were superseded (i.e., preempted) by ERISA. Several Circuit Courts of Appeals recently held that a number of state laws that impacted ERISA plans were not preempted by ERISA, while some courts held that other state laws were not. … More