By: Mark Casciari and Sara Eber
On December 4, 2012, Judge Richard Posner of the Court of Appeals for the Seventh Circuit authored yet another decision interpreting the holding and rationale in Wal-Mart Stores, Inc. v. Dukes in the context of ERISA defined benefit plan claims. In Johnson v. Meriter Health Services Employee Retirement Plan…
We think that Seyfarth’s ERISA & Employee Benefits Litigation Blog is a one-of-a-kind reference site that provides a one-stop resource for employers who want to stay on top of current developments. If you agree, please help us gain some extra recognition by casting your vote in the ABA’s annual 100 best legal blogs competition. The…
The Supreme Court is expected to issue its long-awaited decision regarding the constitutionality of the health care reform law on Thursday morning. Please join us Thursday, June 28 at 4pm Central for our immediate analysis of this highly anticipated ruling.
Jennifer Kraft, Mark Casiciari and Sheri Dacso will be speaking on:
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By: Ron Kramer and Jim Goodfellow
On Monday, June 25, 2012, the United States Supreme Court granted certiorari in U.S. Airways, Inc. v. McCutchen, a case we previously blogged about on December, 15, 2011. By way of review, in McCutchen, the Third Circuit deviated from decisions handed down by five of its sister…
By: Ian Morrison and Sam Schwartz-Fenwick
On May 31, 2012, in Gill, et al., v. Office of Personnel Management, et al., Case Nos. 10-2207 & 10-2214, a three-judge panel of the U.S. Court of Appeals for the First Circuit unanimously declared unconstitutional Section 3 of the Defense of Marriage Act (“DOMA”). Section 3 of…
By Mark Casciari and Alexis Hawley
In Northwest Airlines, Inc. v. Phillips, Case No. 11-1730, 2012 U.S. App. LEXIS 7072 (8th Cir. Apr. 9, 2012), the U.S. Court of Appeals for the Eighth Circuit recently issued an important decision for employers on the application of the Age Discrimination in Employment Act (ADEA) to employee pension…
By: Ronald J. Kramer and Jim Goodfellow
On March 9, 2012, in Arditi v. Lighthouse International, No. 11-cv-423, the Second Circuit dove into what sometimes can be the murky waters of ERISA preemption, as demonstrated by the dissenting opinion.
Plaintiff Arditi, a former Lighthouse employee with 18.83 years of service in its pension…
By: Amanda Sonneborn and Megan Troy
On January 30, 2012, a group of participants in Lowe’s Companies, Inc.’s Group Medical Plan, filed a class action complaint in the Southern District of New York alleging that they were wrongfully denied medical benefits. In Milling v. Lowe’s Companies, Inc., Case No. 12-CIV-0724, plaintiffs brought suit…
We wanted to take a short break from our regular blogging as congratulations are in order. Our colleagues in Seyfarth’s Wage and Hour Litigation Practice Group have authored the first-of-its-kind treatise on wage and hour litigation. The book, titled “Wage & Hour Collective and Class Litigation,” has been published by American Lawyer Media’s Law Journal…
By: John Murray and Violet Borowski
Is an ERISA plaintiff’s lack of participant standing a question of subject matter jurisdiction that can be raised at any time or simply a defense to the claim that can be waived if not timely raised? For now, the answer to that question depends upon the circuit in which…
