LITIGATION

:: 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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:: Eighth Circuit Clarifies Standing Requirements For Class Action Plaintiffs

The district court erred by conflating the issue of Braden’s Article III standing with his potential personal causes of action under ERISA. Braden v. Wal-Mart Stores, Inc., 2009 U.S. App. LEXIS 25810 (8th Cir. Mo. Nov. 25, 2009) The  Eighth Circuit found very little correctly done by the district court in this recent opinion addressing threshold …

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