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District Court Decision Creates More Uncertainty for ERISA Co-Fiduciaries on Contribution Claims (PDF)
Jenner & Block in the Employee Relations Law Journal
Mar. 20, 2013 "[T]he court viewed ERISA's silence on contribution among co-fiduciaries to allow it to identify a federal common law right based on its belief that that right was not inconsistent with ERISA's structure and intent.... [The] ongoing divide [among the circuit courts of appeal] over the power of federal courts to supplement ERISA's express terms may have wide-ranging effects on ERISA's provisions and remedies that go far beyond the question of contribution among co-fiduciaries." [Guididas v. Community National Bank Corp., No. 8:11-cv-2545-T-30TBM (M.D. Fla., Nov. 5, 2012)] MORE >> |
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