Although the ERISA law generally preempts state law causes of action that relate to claims for employee benefits, a recent federal court ruling from California Dale v. Reed Group, Ltd., 2015 WL 6954915 (N.D. Cal. November 10, 2015), permitted an exception to that general rule. Ed Dale, an employee of Intel Corporation who became disabled, […]
The Supreme Court will hear a case questioning the timeline for ERISA cases involving a fiduciary’s duty to monitor investments. SCOTUS, or the Supreme Court of the United States, has agreed to hear a case that questions the extent of an employer’s fiduciary duty to monitor the ERISA plans they sponsor. ERISA, or the Employee […]
A recent case out of New York’s District Court illustrates when ERISA governs owner benefit plans. The Employee Retirement Income Security Act of 1974 sets minimum standards for private retirement, pension and health plans. Yet ERISA is a complex law and it is not always clear whether ERISA applies to a particular benefit plan. ERISA exemption […]
A decision by the U.S. District Court for the Northern District of Illinois takes into account the role of weekends in extending ERISA deadlines.
Paying restitution to victims is an important aspect of the criminal justice system.
Two recent cases looked at monies paid to disability insurance claimants after the onset of disability and analyzed the question of whether the monies constituted income or profit distributions. Although the claimants lost in both Fine v. Sun Life Assur. Co. of Canada, 2015 WL 1534513 (E.D. Va. April 6, 2015) and in Bencivenga v. […]