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The Evolution of ERISA Forfeiture Cases
Mayer Brown 
Oct. 7, 2025 "[W]hile motions to dismiss are still pending in dozens of cases, the growing majority of courts that have ruled on motions to dismiss have ruled in favor of plan sponsors ... (a 75 percent win-rate for plan sponsors). These dismissals have resulted in a growing number of appeals, with eight appeals now pending in four US Courts of Appeals.... [T]he plaintiffs' bar continues to file new forfeiture lawsuits, including six in September, for a total of 75 forfeiture lawsuits filed since September 2023." MORE >> |
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