Section 510

:: Sixth Circuit Holds That Plaintiffs Fail To Make ERISA Section 510 Case

But of course: the whole issue is whether reducing pension benefits by shutting down a plant with employees close to vesting was a “motivating factor” or was instead “incidental” because there were other, neutral, business reasons at play. See Smith, 129 F.3d at 865. At the pretext stage, judges must still bring their judgment to …

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:: Section 510 Claims Defeated By Causation Defense

Giordano v. Thomson, 2009 U.S. App. LEXIS 8887 (2d Cir. Apr. 27, 2009), which I reviewed today on erisaboard.com, reveals a few interesting points about executive severance compensation disputes.  The facts are colorful and the rather short opinion is worth the time it takes to read.

:: Plaintiff’s Section 502(a)(3) Claim Prevails Over Varity-Based Defense

The Courts of Appeals disagree as to whether Varity prohibits a plaintiff from simultaneously pursuing equitable relief pursuant to Section 502(a)(3) and benefits due under the terms of the plan pursuant to Section 502(a)(1)(B).  The Third Circuit has not ruled on the issue, and district judges within the Third Circuit are split. Trechak v. Seton …

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