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 …
. . . 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 …
[This case was affirmed in 710 F.3d 57 (2d Cir. 2013) (explaining that “a new cause of action accrues for each violation where separate violations of the same type, or character, are repeated over time”).] The …
On May 8, 2003, United States magistrate Judge Roanne L. Mann issued a report and Recommendation (”R&R”), finding damages in favor of the plaintiffs in the amount of $ 2,272,647.80 On February 22, 2006, this …