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Category: Section 510

Category: Section 510

Home Archive for category "Section 510"

:: Discovery Responses Do Not Support Removal & ERISA Preemption

Roy Harmon ERISA / Practice Tips / Removal / Section 510 March 9, 2021 March 9, 2021

In the case at bar, Plaintiff is no longer  a participant in Defendant’s ERISA plan and he does not allege a wrongful withholding of benefits.  . . . Plaintiff does not claim that Defendant promised …

Read more":: Discovery Responses Do Not Support Removal & ERISA Preemption"

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

Roy Harmon ERISA / Section 510 March 9, 2021 March 9, 2021

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 …

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:: Section 510 Claims Defeated By Causation Defense

Roy Harmon Section 510 March 9, 2021 March 9, 2021

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 …

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

Roy Harmon 502(A)(1)(B) Claim for Benefits / Section 510 March 8, 2021 March 8, 2021

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 …

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:: New Scholarship – ERISA Section 510 Relief

Roy Harmon Section 510 March 8, 2021 March 8, 2021

Adam B. Gartner, Fordham University – School of Law, has published a note, “Protecting the ERISA Whistleblower: The Reach of Section 510 of ERISA” in the Fordham Law Review, Vol. 80, Fall 2011. The Note …

Read more":: New Scholarship – ERISA Section 510 Relief"

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