Featured Jobs
|
Managing Director - Operations, Benefits Daybright Financial
|
|
Retirement Plan Consultants
|
|
BPAS
|
|
ESOP Administration Consultant Blue Ridge Associates
|
|
Cash Balance/ Defined Benefit Plan Administrator Steidle Pension Solutions, LLC
|
|
Pentegra
|
|
Retirement Plan Administration Consultant Blue Ridge Associates
|
|
Anchor 3(16) Fiduciary Solutions
|
|
MAP Retirement
|
|
Regional Vice President, Sales MAP Retirement USA LLC
|
|
Relationship Manager for Defined Benefit/Cash Balance Plans Daybright Financial
|
|
BPAS
|
|
Southern Pension Services
|
|
BPAS
|
|
July Business Services
|
|
Retirement Relationship Manager MAP Retirement
|
Free Newsletters
“BenefitsLink continues to be the most valuable resource we have at the firm.”
-- An attorney subscriber
|
|
|
|
Relaxed Litigation Standards Continue to Shake Up ERISA’s Careful Balancing Act
Encore Fiduciary
[Opinion] Sept. 9, 2025 "While judicial flexibility in favor of plaintiffs has been most apparent in how courts have applied the pleading standards to the wave of fee and performance claims that have plagued plan sponsors in recent years, this trend has also expanded into other areas of ERISA litigation ... with dramatic consequences for impacted employers.... As one particularly stark example of this phenomenon, last year, a federal court in Texas bent one important litigation rule -- the Constitution's 'standing' requirement -- and one important ERISA rule -- ERISA's statute of repose -- in such a way that will, if not corrected, force a plan sponsor -- in this case, BP -- to reform a cash balance plan conversion that occurred in 1989." [Guenther v. BP Retirement Accumulation Plan, No. 16-0995 (S.D. Tex. Mar. 28, 2024; on appeal to 5th Cir. No. 24-20551)] MORE >> |
| Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the linked news item's title). |
| An important word about authorship: BenefitsLink® created this link to the news item, but we are not the news item's author (unless expressly shown above). |