We all are seeing more “breach of fiduciary duty claims” asserted in lawsuits seeking ERISA-governed benefits. As you know, ERISA allows participants, beneficiaries, and the Secretary of Labor to obtain relief against ERISA fiduciaries for breaching the fiduciary duties they owe to the plan or its participants. ERISA fiduciaries can also be liable under §
ERISA breach of fiduciary duty
ERISA 502(a)(3) Claims: Congress Never Thought the Phrase “Equitable Relief” Included Money Damages
You know that a claimant must exhaust administrative remedies before filing a suit. But is an appeal “optional” when the denial letter says that claimant “may request a second level review”? NO.
And what’s with 502(a)(3) breach of fiduciary claims anyway? “‘[A] review of the [ERISA] legislative history confirms that Congress did…
ERISA: Arguments to Defeat Breach of Fiduciary Duty Benefit Claims?
You know that claimants seeking ERISA-governed benefits sometimes assert “breach of fiduciary” duty claims under ERISA Section 502(a)(3)(b).
This case highlights some arguments that can be used to defeat breach of fiduciary duty claims. Staropoli v. Metro. Life Ins. Co., 465 F. Supp. 3d 501 (E.D. Pa., June 8, 2020).
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ERISA: 6th Circuit — Ways to Defend Disgorgement and Breach of Fiduciary Duty Claims Under Section 1132(a)(3)
You know that typically claimants seeking ERISA-governed benefits make claims for recovery under Section 1132(a)(1)(B).
Now you are likely seeing more simultaneous assertions of equitable claims for breach of fiduciary duty and disgorgement under Section 1132(a)(3). A successful claimant asserting this theory may recover additional forms of monetary relief, and may get broader discovery.
ERISA: Winning Early Motions to Dismiss Breach of Fiduciary Claims — the Ministerial Defense
Plaintiffs in ERISA employee benefit cases are frequently asserting breach of fiduciary duty claims, and then seeking broader discovery.
So, consider early motions to dismiss the breach of fiduciary duty claims.
One argument to use in seeking early dismissal of breach of fiduciary duty claims is the ministerial defense: That is because “[a] person…
ERISA: Court Establishes New Incentive to Bring Early Motions to Dismiss “Breach of Fiduciary Duty” Claims
You know that in ERISA cases most courts typically will limit review to the administrative record, absent special circumstances. Courts may also allow limited discovery when assessing whether a “conflict of interest” affected the claim determination. A conflict of interest can arise, for example, when the insurer of the ERISA governed benefit is both…