Tag Archives: sixth circuit

Allowing Employee Investment in an ESOP or 401(k) Employer Stock Fund Becomes a Bigger Gamble – Sixth Circuit Decision in Pfeil v. State Street Bank & Trust Co.

By Porter Wright on February 24, 2012

The Sixth Circuit has reversed the district court's dismissal of the GM ERISA stock-drop suit, Pfeil v. State Street Bank & Trust Co., and is allowing the case to proceed. You may recall that we cautioned fiduciaries of ESOPs and 401(k) plans allowing investment in employer stock to keep an eye on this case because it could be a game-changer. And now it is.… Continue Reading

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

By Porter Wright on October 11, 2011

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." … Continue Reading

Sixth Circuit Declares Health Reform Law Individual Mandate Constitutional

By Porter Wright on July 25, 2011

The Sixth Circuit U.S. Court of Appeals in Cincinnati recently considered an appeal challenging the constitutionality of the Patient Protection and Affordable Care Act ("PPACA"), the federal health care reform law passed in 2010… Continue Reading

Sixth Circuit Upholds Denial of ERISA-Based Income Protection Benefits; Plan Administrator Need Not Investigate Whether the Employer Violated FMLA

By Porter Wright on June 9, 2011

I wanted to direct our readers to a recent post from Brian Hall – Editor of our sister blog – Employer Law Report – regarding a recent Sixth Circuit decision in Farhner v. United Transportation Union Discipline Income Protection Plan. As Brian states: … a well-drafted ERISA income protection or severance pay plan should enable the … Continue Reading