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ERIC and Epstein Becker Green Team Up to Begin Publication of 'Benefits Litigation Roundup' (PDF)

The inaugural issue of this quarterly publication contains six case summaries and a featured article: "Benefit Claim Denial Litigation After Glenn and Conkright."

Benefits Litigation Update, Fall 2016 (PDF)

Articles include: [1] The Goldilocks Paradox for defined contribution plans: how will plan sponsors determine whether investment alternatives offered are 'just right'? [2] ERISA class action certified challenging behavioral health TPA's administration of mental health benefits; [3] Defining the scope of ERISA preemption; [4] Plan fiduciaries continue to be scrutinized; [5] Employers offering their own proprietary funds under their 401(k) plans at heightened risk for litigation; and [6] EEOC loses another wellness plan voluntariness challenge but prevails on its ADA safe harbor argument.

Benefits Litigation Update, Spring 2016 (PDF)

9 pages. Articles include: [1] The oddity of an evenly divided Supreme Court; [2] Bell v. Anthem: Fee litigation and fiduciary responsibility; [3] EEOC v. Flambeau: ADA benefit plan safe harbor trumps EEOC wellness program voluntariness attack; [4] ADA investigations: Do your benefit websites make you a disability discrimination litigation target? [5] Supreme Court narrows plans' subrogation remedies; [6] Gallo v. Moen Inc.: Progress in repudiating Yard-Man; [7] Marin v. Dave & Buster's: ERISA class action exposure from reducing employees' hours; and [8] Group health plan's residential treatment exclusion violates Mental Health Parity Act.

Benefits Litigation Update, July 2014 (PDF)

18 pages. Article titles include: [1] Recent Supreme Court Decisions Revise Rules for Stock Drop Cases; [2] Hobby Lobby and the Questions Left Unanswered; [3] Post-Amara Landscape Continues to Evolve; [4] Supreme Court to Decide Whether a Failed Class Action May Extend Deadline to Bring Follow-on Claims by Individual Plaintiffs; [5] Supreme Court Indicates That It Will Review 'Tibble'; [6] Challenges Could Threaten Individual Subsidies and Employer Mandate Penalties in States with Federal Exchanges; [7] Supreme Court Accepts Cert. in Retiree Health Vesting Case; [8] Third Circuit Urged to Correct Misapplication of Fiduciary Deference Standard; and [9] Will the Plaintiffs' Bar Ask the Courts to Declare Deferential Judicial Review of ERISA Benefits Denials Unconstitutional?

Sixth Circuit Rules That Payments Made as Part of Severance Program Are Not Subject to FICA Withholding

"In so deciding, the Court rejected longstanding [IRS] rulings on the treatment of supplemental unemployment benefits ('SUB payments') under FICA, as well as a contrary decision by the U.S. Court of Appeals for the Federal Circuit in CSX Corp. v. United States, 518 F. 1328 (Fed. Cir. 2008)." [United States v. Quality Stores, Inc., No. 10-1563 (6th Cir. Sept. 7, 2012)]

Benefits Litigation Update, September 2012 (PDF)

Quarterly Newsletter; articles in this issue include: Practical Guidance for Employer Plan Sponsors from the Tussey v. ABB, Inc., Decision; Why It May Be Important to Your Administration of Pension Plans for the Supreme Court to Decide If Section 3 of the Defense of Marriage Act Is Enforceable; and Important Issues in Pending Cases -- Subrogation: U.S. Airways, Inc. v. James E. McCutchen (3d Cir. November 16, 2011) -- Forum Selection Clauses: Mozingo v. Trend Personnel Serv., Dkt. No. 11-3282 (10th Cir.) -- Judicial Deference: Frommert v. Conkright, Dkt. No. 12-67 (2d Cir.).