Fiduciary Liability

:: Court Imposes Personal Liability And Attorney Fees On Plan Fiduciary For Breach

Derived from these components, the Sixth Circuit has held that an ERISA fiduciary has a duty to “give complete and accurate information in response to participants’ questions.” Drennan v. Gen. Motors Corp., 977 F.2d 246, 251 (6th Cir. 1992). Furthermore, “misleading communications to plan participants regarding plan administration . . . will support a claim …

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:: Fifth Circuit Holds That ERISA Fiduciary Insurance Coverage Does Not Encompass Alleged COBRA Violations

he relevant Policy provisions, which are expressly described as providing “fiduciary liability coverage,” only insure against claims of “wrongful acts.” The Policy defines “wrongful acts” as  “any breach of the responsibilities, obligations or duties imposed upon fiduciaries of the Sponsored Plan by [ERISA], as amended, . . . or any negligent act, error or omission …

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:: When Employer Lapses Cost Participants Their Coverage – Wrong Without Remedy?

We share appellant’s concern that her claim exists in a remedy-less “regulatory vacuum” created by ERISA’s broad preemption of state law claims and the Supreme Court’s narrow interpretation of “other appropriate equitable relief.” Aetna Health Inc. v. Davila, 542 U.S. 200, 222, 124 S. Ct. 2488, 159 L. Ed. 2d 312 (2004) (Ginsburg, J., concurring); …

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:: Lack Of Due Diligence Results In ERISA Fiduciary Liability For Defaulted Loans

As to the district court’s conclusion that Rodrigues is liable under 29 U.S.C. § 1105 for enabling Hewitt to breach his fiduciary duties, Rodrigues’s only argument on appeal is derivative of the district court’s allegedly erroneous determination that Rodrigues breached his own fiduciary duties. Because we determine that the district court correctly concluded that Rodrigues …

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:: Fiduciary Exception Eclipses ERISA Fiduciary’s Claim Of Attorney Client Privilege

As applied by the courts in cases brought under ERISA, the “fiduciary” exception to the attorney-client privilege “comes into play when . . . the administrator for an ERISA plan invokes the attorney-client privilege against the plan beneficiaries.” Lewis v. UNUM Corp. Severance Plan, 203 F.R.D. 615, 619 (D. Kan. 2001). “This fiduciary exception derives …

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ERISA Section 209 Recordkeeping Duties Do Not Give Rise To Fiduciary Claim

. . . our decision does not prevent Henderson from bringing a subsequent action pursuant to ERISA Section 502(a)(1)(B) to recover benefits associated with any unjustly withheld compensation that she receives if she is successful in her state wage lawsuit. Indeed, at oral argument, UPMC agreed that were it to be established in state court …

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