Tag: fiduciary breach


Court Vacates $16M Judgment Against Cigna for Recouping Overpayments

A federal appeals court vacated a judgment totaling more than $16 million against a health plan administrator for its actions in attempting to recoup overpayments to an out-of-network hospital. The case is Conn. Gen’l Life Ins. Co. v. Humble Surgical Hosp., LLC, 878 F.3d 478 (5th Cir., Dec. 19, 2017).

Supreme Court Decision Could Impact ERISA Plan Litigation

By Jane Meacham, retirement plans editor The U.S. Supreme Court’s recent decision in Spokeo Inc. v. Robins, 13-1339, U.S. (May 16, 2016), which encourages Employee Retirement Income Security Act (ERISA) plaintiffs to allege a “concrete” injury, is viewed by many in the ERISA legal community as likely to reshape litigation against employer-sponsored retirement plans.

‘Could’ Versus ‘Would’ Is Important Difference in Fiduciary Acts, 4th Circuit Says in Tatum

An appeals court decision coming on the heels of a recent Supreme Court stripping the presumption of prudence for fiduciaries may raise the stakes even higher for plan sponsors. A panel of judges in the 4th U.S. Circuit Court of Appeals required that fiduciaries make a decision about company stock in their retirement plan based […]

Supreme Court Expands ERISA Remedies

In a case that could have far-reaching consequences for employers and employees alike, the U.S. Supreme Court ruled on Wednesday, February 20, 2008, that the Employee Retirement Income Security Act (ERISA) allows an employee to sue his employer because of a fiduciary breach that resulted in individual losses to his 401(k) plan. James LaRue says […]