Mental incapacity can be used as a defense for many legal issues. However, a recent federal court ruled that in cannot be used as a defense to the administrative remedy exhaustion requirements in the Employee Retirement Income Security Act of 1974. The background of...
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ERISA Benefits Claims Litigation
UPS cleared in ERISA lawsuit has key takeaways
Recently, our blog has highlighted the deluge of news surrounding the Employee Retirement Income Security Act of 1974 recently. From settlements to new Department of Labor rules, ERISA has become a hot topic in Washington, D.C., and throughout the country. Another...
Nearly $40 million settlement reached in ERISA excessive fee case
The Employee Retirement Income Security Act of 1974, commonly known as ERISA is a hot topic on this blog. Our readers know that it sets the minimum standards for most public-sector employer-provided health and retirement plans, but news reports seldom mention ERISA....
Your right to severance pay may be protected by federal law
Companies are in the business of making money. As such, they sometimes have to downsize to remain profitable. There are other cases in which a company may align itself with a new investor who wants to take the business in a different direction. It's in instances like...
ERISA lawsuit challenges Salesforce’s plan management
A major employer in Washington, D.C., and around the country, Salesforce is facing an ERISA lawsuit over claims that it did not properly handle its retirement program. Specifically, the plan administrators are accused of breaching their fiduciary duty to plan members...
Supreme Court Favors Plaintiffs in ‘Actual Knowledge’ Ruling
The recent US Supreme Court Ruling on the Intel ERISA Challenge stemming from a recent lawsuit regarding employee benefits has set a new framework for the establishment of "actual knowledge" in such cases. While this update out of Washington DC isn't major news for...
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D.C. residents who have corporate pensions should take note of a recent spate of lawsuits against companies who have allegedly breached their fiduciary duties by underpaying joint and survivor annuity benefits (JSA). Recently, there was a lawsuit filed against UPS...
ERISA lawsuit filed against Shell Oil and Fidelity
Many people in the District of Columbia have benefits plans through their jobs that are governed by the Employee Retirement Income Security Act. Workers might want to be aware of a lawsuit that has been filed against Shell Oil and Fidelity for alleged violations of...
ERISA case settled by large defense contractor
A major defense contractor with employees in Washington, D.C., and across the country is settling a class action suit linked to its retirement plan. Members of Northrop Grumman's 401(k) plan brought a lawsuit under the Employee Retirement Income Security Act (ERISA),...
Department of Labor intervenes in Wawa ERISA case
The federal Department of Labor in Washington, D.C., has intervened in a case that could have a significant effect on how workers affected by ERISA protect their rights against plan fiduciaries that make unfair changes. A class-action lawsuit representing terminated...