CLARISSA A. KANG, September 2015 — “Yes,” says the U.S. Court of Appeals for the Third Circuit. The Third Circuit in Mirza v. Insurance Administrator of America, Inc., et al. recently held that a plan administrator violated section 503 of the Employee Retirement Income Security Act of 1974 (“ERISA”) for failing to disclose in a […]
ERISA Litigation
MICHELLE S. LEWIS, July 2015 — The Supreme Court has issued a unanimous opinion in favor of plan participants in Tibble v. Edison International, 135 S. Ct. 1823 (2015), a case that raised an issue on the amount of time a plan participant has to bring a claim for breach of fiduciary duty under ERISA. […]
VIRGINIA PERKINS, December 2014 — On November 5, 2014, the Ninth Circuit issued an opinion in Spinedex Physical Therapy USA, Inc. v. United Healthcare of Arizona, Inc., 770 F.3d 1282 (9th Cir. 2014), of potentially great importance to sponsors and administrators of ERISA plans. Of particular interest are the Ninth Circuit’s holdings that: A contractual […]
ALYSSA OHANIAN, December 2014 — The Supreme Court recently held in Fifth Third Bancorp v. Dudenhoeffer, 134 S. Ct. 2459 (2014), that employer stock ownership plan (“ESOP”) fiduciaries are not entitled to a special presumption that they acted prudently in investing in employer stock. Rather, ESOP fiduciaries are subject to the same duty of prudence […]
SEAN T. STRAUSS, December 2014 — In our June 2014 newsletter, we discussed the Ninth Circuit’s decision in Gabriel v. Alaska Electrical Pension Fund, 755 F.3d 647 (9th Cir. 2014). Following a petition for rehearing, the Ninth Circuit recently withdrew its earlier opinion and issued a new decision. See, Gabriel v. Alaska Electrical Pension Fund, […]
ELIZABETH L. LOH, October 2014 — In Internal Revenue Service (“IRS”) Notice 2013-71, the IRS issued guidance allowing Health Flexible Spending Accounts (“Health FSAs”) to offer carryovers of unused balances of up to $500 remaining at the end of a plan year to be used for qualified medical expenses in a subsequent plan year (See […]
ALYSSA OHANIAN and CLARISSA KANG, September 2014 — The Ninth Circuit Court of Appeals recently applied a searching analysis under the abuse of discretion standard of review — one that takes into account all circumstances and will not uphold denial simply if there is a single reasonable basis to deny benefits — even where there […]
SEAN T. STRAUSS, June 2014 — In Gabriel v. Alaska Electrical Pension Fund, — F.3d —, 2014 WL 2535469 (9th Cir. June 6, 2014), the Ninth Circuit provided its most comprehensive discussion to date of the scope of remedies available to plaintiffs seeking “appropriate equitable relief” pursuant to ERISA § 502(a)(3) (29 U.S.C. § 1132(a)(3)) […]
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