A group of 26 “red state” attorneys general has filed a notice of their appeal of a federal court’s judgement rejecting their challenge to the Labor Department’s ESG rule. The notice of appeal (Utah v. Walsh, N.D. Tex., No. 2:23-cv-00016, notice of intent to appeal, 10/26/23)—filed Thursday in the... READ MORE

Well, here we are again at the end of yet another workweek …and yet, there’s (still) no shortage of…well, just look at what happened to these guys and gals… First, some odds and ends… In Cape Coral, Florida, and unnamed driver for reasons undisclosed lost control of his Dodge Challenger…... READ MORE

It might not have made it to your calendar, but today happens to be National TPA Day.  The timing is no accident—yesterday would have been for many calendar-year ERISA plans the (extended) deadline for filing the annual ERISA 5500 form.[i] Like April 15 for CPAs, that date—and timing—are of... READ MORE

The nation’s highest court has decided not to decide the applicability of an arbitration clause in fending off an ERISA suit. The case that had been appealed to the United States Supreme Court was decided in favor of the participant-plaintiffs by the United States Court of Appeals for the 10th... READ MORE

The parties in a suit that claimed a $7.3 billion plan “stocked the Plan’s investment menu with their own proprietary index funds”—while “participants got the short end of the stick” have come to terms. As it turns out, the plaintiffs in this case (are Rita Kohari, John Radolec and Mohani Jaikaran... READ MORE

Well, here we are again at the end of yet another workweek …and yet, there’s no shortage of…well, just look at what happened to these guys and gals… First, some odds and ends… In Glen Falls, New York, the local Fire Department received a call about a “confirmed structure fire”…following which... READ MORE

There’s an oft-repeated line from that 1967 classic movie “Cool Hand Luke” about a “failure to communicate.”  Now, most of us aren’t trying to convey the consequences of violating prison rules, but there are messages where mere words sometimes fall short of their purpose. There are literal... READ MORE

Noting that "the settling parties agreed to the proposed settlement only after vigorous arm's-length negotiations between counsel experienced in ERISA class actions and under the auspices of … a third-party private mediator with extensive experience mediating ERISA actions”—the parties in yet... READ MORE

Another federal judge has weighed the assertions made in an excessive fee suit—and found them lacking both in terms of a “meaningful benchmark,” and specificity of the claims made. The Suit The plaintiffs here—Jennifer R. Lard, John G. Juergens, Gerald L. Robinson, Scott W. Anderson, Thomas A.... READ MORE