: : Seventh Circuit Uses “Dual Hat” Versus “Single Hat” Analysis To Decide State Law Preemption Issues

“The exclusive benefit rule is a cornerstone of ERISA that state law cannot dilute. While ERISA narrowly contemplates parallel liability against the dual-hat director and officer defendants, it preempts further aiding and abetting liability that …

: : Plaintiff FailsTo Show Breach of Fiduciary Duty By Misrepresentation or Omission

The Court now turns to the heart of the present controversy: whether either party is entitled to summary judgment on Ms. Staropoli’s claims that the Benefits Executive breached its fiduciary duties. A fiduciary may breach …

: : Fourth Circuit Reinstates Claims Against Claims Administrator and Vendor Based Upon Undisclosed Bundling of Fees

The district court erred in granting summary judgment to Aetna, as Peters produced sufficient evidence for a reasonable factfinder to conclude that Aetna was at least a functional fiduciary under ERISA and breached its corresponding …

:: ERISA Plan Cannot Rely on Equitable Remedies To Supplement Subrogation Provision

“As an initial matter, the Court notes that this case is somewhat unusual. As stated above, plans often contain reimbursement provisions which expressly entitle them to seek reimbursement from beneficiaries who receive both plan benefits …

:: Fifth Circuit Holds That ERISA Fiduciary Insurance Coverage Does Not Encompass Alleged COBRA Violations

he relevant Policy provisions, which are expressly described as providing “fiduciary liability coverage,” only insure against claims of “wrongful acts.” The Policy defines “wrongful acts” as  “any breach of the responsibilities, obligations or duties imposed …

:: When Employer Lapses Cost Participants Their Coverage – Wrong Without Remedy?

We share appellant’s concern that her claim exists in a remedy-less “regulatory vacuum” created by ERISA’s broad preemption of state law claims and the Supreme Court’s narrow interpretation of “other appropriate equitable relief.” Aetna Health …