By: Rebecca K. Bryant, Sam M. Schwartz-Fenwick, and Ian H. Morrison
Seyfarth Synopsis: A recent 10th Circuit decision holding that in order for the abuse of discretion standard to apply in litigation the claims administrator must provide participants with actual notice of discretionary authority or notice of a document affecting standard of review…
By: Mark Casciari and Michael W. Stevens
Seyfarth Synopsis: A recent Supreme Court decision on federal securities law may hold ramifications for ERISA practitioners by addressing whether disgorgement is an equitable remedy.
ERISA’s civil enforcement provisions generally allow the federal courts to award appropriate “equitable” relief. A permissible equitable remedy is disgorgement, which, in…
By Michael W. Stevens and Mark Casciari
Seyfarth Synopsis: The Supreme Court dismissed, prior to any discovery, claims of ERISA fiduciary breach because the plan participant-plaintiffs failed to show that the alleged breaches caused them concrete injury. As a general matter, this decision will make it more difficult for plaintiffs to claim ERISA violations in…
Seyfarth Synopsis: Two recent lower court decisions provide a primer on when a prevailing party in an ERISA case may recover fees (as a fee award is not automatic) and a window into the future of video hearings to resolve fee motions.
Two interesting lower court decisions on attorney fee motions were recently issued from…
