Courts of Appeals Reject Generalized Allegations

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The ERISA world focused much energy and attention on the U.S. Supreme Court’s decision in Hughes v. Northwestern University, in which the Court reinstated a fiduciary suit against Northwestern University. In the aftermath of the Court’s decision, many analysts concluded that the decision would make life even more difficult for plan fiduciaries seeking to fend […] Read more »

Supreme Court Weighs in (Marginally) in Fiduciary Litigation

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Fiduciaries responsible to exercise prudence in all decisions—not just some. Read more »
Higher Ed Fiduciary Lawsuits A Scorecard and Some Observations

Fiduciary Litigation Update

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Plaintiffs’ must use truly comparable benchmarks in claiming imprudent fiduciary decisions. Read more »
Fiduciary Lawsuits

Fiduciary Lawsuits: A New Chapter Opening?

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A new chapter may be opening in the ongoing saga of litigation against plan fiduciaries. This new chapter could lead plan sponsors and advisors to rethink – and expand – their view of the scope of their fiduciary responsibility. On January 10, the plaintiffs in the lawsuit against New York University’s plans filed an amended […] Read more »
Employers Paying the Cost for Not Following Plan Documents

Do What You Say You Are Going to Do

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The Department of Labor recently filed a lawsuit against Macy’s department store (Acosta v. Macy’s, Inc., S.D. Ohio, No. 1:17-cv-00541, complaint filed 8/16/17). The lawsuit has received some attention among benefits professionals; but this attention has focused on one aspect of the DOL complaint – claims that the tobacco surcharge imposed under the Macy’s health […] Read more »