Tag: retirement plan litigation

U.S. Weighs In on Supreme Court Consideration of Pension Case

Both the U.S. Solicitor and the Pension Rights Center argue that current funded status of a defined benefit (DB) plan is not a proper measure for whether the participants have a right to sue for breaches of fiduciary duties and prohibited transactions under ERISA.

ERISA Litigation as Cottage Industry

“The plaintiffs’ lawyer playbook is the same,” says Brian Netter of Mayer Brown. “First, survive a motion to dismiss, and then subject the defendant to a very expensive discovery process. It creates incentive to enter into a sizable settlement.”

Greystar Asks Court to Compel Arbitration in ERISA Suit

The move by Greystar comes after the 9th U.S. Circuit Court of Appeals issued a ruling that Schwab could enforce its retirement plan’s arbitration clause requiring participants to file individual claims and to waive class-action claims.

Hospital System Wins Ruling on Governmental Plan Status

The complaint said Atrium has never satisfied the Federal law definition of a government of a state, a government of a political subdivision, or an agency or instrumentality of such and, therefore, its benefit plans do not qualify as ERISA-exempt governmental plans.