BENEFITS LITIGATION UPDATE
A Publication From Epstein Becker Green & The ERISA Industry Committee
Issue 12Fall 2016
Welcome to the Fall edition of Benefits Litigation Update, brought to you by
The ERISA Industry Committee (ERIC) and the law firm of Epstein Becker Green.
As employers, it is critical that we both monitor and engage with the judiciary,
because so much of the law governing the administration and provisioning of
employee benefits is dependent upon court decisions. ERIC works with member
companies and allies to develop amicus briefs supporting the positions of plan
sponsors, and keeps an eye on emerging decisions to stay informed and get a
good picture of where the case law going.
This issue of the BLU takes a look at critical cases in the health and retirement
space, as well as an update on state encroachment upon the ERISA framework
that is meant to allow national, uniform administration of multi-state employee
benefit plans. The issues could not be more timely – as a new administration
prepares to take the reins in Washington, D.C., the role of ERIC in educating
policymakers about the importance of national uniformity is more important than
ever.
I think you’ll agree that some of the cases this issue analyzes are cause for
consternation. New routes for plaintiffs’ attorneys to pursue class actions, new
expectations for plan administrators, and evolving standards for
independent third parties, all need to be considered as you go forward
designing your company’s plans for the coming years.
We greatly appreciate the expertise of Epstein Becker Green for working with
us to prepare this report. By all means, if you would like to know more or have
questions, please don’t hesitate to reach out.
Message from ERIC President and CEO
Annette Guarisco Fildes:
- FEATURED ARTICLE -
The Goldilocks Paradox for Defined
Contribution Plans: How Will Plan
Sponsors Determine Whether Investment
Alternatives Offered Are “Just Right”?
Standing to Sue: An Update
Wit v. United Behavioral Health:
ERISA Class Action Certified Challenging
Behavioral Health TPA’s Administration
of Mental Health Benefits
Defining the Scope of ERISA Preemption:
Understanding SIIA v. Snyder in a
Post-Gobeille World
White v. Chevron: Plan Fiduciaries
Continue to be Scrutinized
Employers Offering Their Own Proprietary
Funds Under Their 401(k) Plans at
Heightened Risk for Litigation
EEOC Loses Another Wellness Plan
Voluntariness Challenge But Prevails
on its ADA Safe Harbor Argument
Equitable Estoppel Theory Scores Rare
Win For Participant: Deschamps v.
Bridgestone Americans, Inc. Salaried
Employees Retirement Plan
Mergers, Acquisitions, And Benefit Plans:
Hunter v. Berkshire Hathaway, Inc.
Ninth Circuit Eyes Outside
Medical Reviewers “Skeptically”
ERIC will hold a conference call discussing cases addressed in this issue on
Thursday, December 1, 2016 from 2:00 to 3:30 pm EST.
ERIC members and trial members can register for the call by clicking here.
If you are a prospective member and would like to participate in the call, please
contact ERIC at (202) 789-1400 or by email at memberservices@eric.org.
EXECUTIVE EDITORS
James Gelfand
jgelfand@eric.org
Adam C. Solander
asolander@ebglaw.com
Gretchen Harders
gharders@ebglaw.com
NOTEWORTHY
PENDING CASE
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NOTEWORTHY
RECENT DECISIONS
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NOTEWORTHY
DEVELOPMENTS
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