Litigation Update: As ERISA litigation continues to proliferate, this article provides a summary of some (but not all) cases filed, decided, or set for further proceedings during approximately the past month. Department of Labor Cases: Perez v. Bridgeport Health Care Center, Inc.: On September 8, 2016, the DOL filed this lawsuit in the U.S. […]
On June 30, the U.S. Department of Labor (“DOL”) published final regulations mandating, among other things, increases in certain civil monetary penalties administered by the DOL to enforce Title I of ERISA. These increases will be effective for penalties assessed after August 1, 2016, if associated violations occurred after November 2, 2015. Penalty increases […]
As the U.S. Department of Labor (“DOL”) continues its enforcement activity, here is a list of several of its ERISA cases that were recently decided: Perez v. Rose (U.S. Bankruptcy Court for the Eastern District of Michigan): The defendant, a plan fiduciary to a 401(k) plan, a health plan, and a dental plan, failed to […]
On November 9, the litigants in Kruger v. Novant Health, Inc. submitted a proposed settlement agreement (the “Agreement”) for approval to the United States District Court for the Middle District of North Carolina (the “Court”). Under the Agreement, Novant Health, Inc. and fiduciaries of various Novant Health, Inc. retirement plans (the “Defendants”) will pay $32 […]