Employee Benefits Law Report

Tag Archives: ERISA litigation

U.S. Supreme Court invalidates Vermont health care reporting law Under ERISA preemption doctrine

The United States Supreme Court ruled on March 1, 2016 in Gobeille v. Liberty Mutual Insurance Company that a Vermont state statute that requires health care plans to file informational report with the state is preempted by ERISA to the extent it is intended to apply to self-funded plans. Writing on behalf of the Court in a 6-2 ruling, Justice Anthony Kennedy noted that reporting, disclosure and record-keeping are central to and an essential part of ERISA’s regulatory scheme and thus concluded that ERISA preempted state efforts to impose other reporting obligations.

ERISA expressly preempts any state laws insofar as …

The Constitutionality of the Defense of Marriage Act is Questioned in an ERISA Case

Feeling overwhelmed by ambiguous employee benefits law? You’re not alone. A law firm recently filed an interpleader in the Eastern District of Pennsylvania, asking the court to decide whether its deceased employee had a “spouse” who was entitled to profit sharing plan benefits. Cozen O’Connor, P.C. v. Tobits. The dollar amount at issue is small ($37,000) relative to the significant amount of attention being paid to this case.

Cozen O’Connor sponsors a profit sharing plan in which its employee, Sarah Farley, participated. When Ms. Farley died, she had no children, and she did not have a beneficiary designation on …

Ohio Federal Judge Allows Say-on-Pay Lawsuit to Proceed

I would like to direct our readers to a recent post by my partner – Bill McGrath on our sister blog – Federal Securities Law Blog titled “Ohio Federal Judge Allows Say-on-Pay Lawsuit to Proceed.”  In his post, Bill discusses a “September 20, 2011 Opinion, where Judge Timothy Black of the Southern District of Ohio ruled that a lawsuit brought against senior executives and directors of Cincinnati Bell, Inc. alleging a breach of fiduciary duty regarding compensation would be allowed to proceed. The lawsuit focuses on the “say-on-pay” provisions of the Dodd-Frank Act: specifically, attacking the …

Looking for The Closer for your dispute . . .

Although some disagree, selecting a mediator to facilitate a settlement in an ERISA or employment litigation case based on a meeting of the minds may be the most important part of the mediation process. My partner, Peggy Koesel recently wrote a blog earlier this week on our sister blog – Employer Law Report – that I wanted to share with readers of our blog.  As she states: 

“Even though mediation is a party-driven process, the mediator’s knowledge, skill, experience, style and ability to handle the type of individuals involved in the dispute has a substantial impact on the resolution of …

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