14 results for 'cat:"ERISA" AND cat:"Pensions"'.
J. Russell grants two corporate officers’ motion to dismiss this ERISA lawsuit brought by a pension fund, alleging the officers and a corporation failed to pay into its union fund as required under the collective bargaining agreement. Corporate officers “do not become fiduciaries solely by virtue of their corporate position, even if the corporation is a fiduciary, ‘unless it can be shown that they have individual discretionary roles as to plan administration.’” The corporation argues the claim to seek an audit should be dismissed due to the audit request being a remedy and not a cause of action. Therefore, the court finds the complaint does not allege the officers were fiduciaries under ERISA, but the fund and corporation clearly permit an audit of its books and records. The corporation’s motion for partial dismissal is granted.
Court: USDC Maryland, Judge: Russell, Filed On: March 4, 2024, Case #: 1:23cv440, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, pensions
[Consolidated.] J. Childs upholds the district court's vacation of the arbitrator's decisions in two ERISA cases concerning the employers' withdrawal penalties. Contrary to the arbitrator's conclusion, an actuary may base their assumption of the penalty on information after the measurement date when they are "'as of'" the measurement date. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: February 9, 2024, Case #: 22-7157, Categories: erisa, pensions
J. Coogler grants, in part, cross motions for summary judgment in this Employee Retirement Income Security Act dispute against United Mine Workers by a coal miner who was injured in two accidents that were both work-related. The miner challenges the denial of his disability pension claim and seeks statutory penalties for a failure to provide in a timely manner. The trustee failed to provide “full and fair review” during the determination of disability benefits under the plan. The miner failed to properly name the party whom the penalty may be imposed. The denial of his claim is granted as to the miner and denied for the trustee; statutory penalties against the miner are denied, but granted as to the trustee.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: December 6, 2023, Case #: 6:22cv1056, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, pensions, Tort
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[Consolidated.] J. Livingston finds that the district court properly dismissed Cornell University employees' duty of prudence claims concerning the management of pension plans because the class action claims did not sufficiently allege the managers engaged in unnecessary transactions or racked up unreasonable fees. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: November 14, 2023, Case #: 21-88-cv (L), Categories: erisa, pensions
J. Mauskopf awards a pension fund $309,013 on its ERISA claims that sought to collect on a construction company’s unpaid withdrawal liabilities, finding the fund was in compliance with their collective bargaining agreement’s notification requirements.
Court: USDC Eastern District of New York, Judge: Mauskopf, Filed On: September 29, 2023, Case #: 2:19cv1214, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, pensions, Labor / Unions
J. Hollander grants Johns Hopkins Health Systems its motion to quash allegations of ERISA violations by a former hospital worker. When Johns Hopkins School of Medicine moved to Health Systems, the worker was offered “a paltry severance” in exchange for losing access to her full pension. However, Health Systems was not properly served with the worker’s complaint in the first place and so was not given the chance to respond. Also, the worker is granted leave to amend her complaint.
Court: USDC Maryland, Judge: Hollander, Filed On: May 23, 2023, Case #: 1:23cv701, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, pensions, Contract