“The Court finds that the fiduciary exception to the attorney-client privilege does apply to the Disputed Documents. Defendant will be required to serve unredacted copies of those documents upon Plaintiff and they shall be included …
Because the lower courts erroneously held that the plan could recover out of Montanile’s general assets, they did not determine whether Montanile kept his settlement fund separate from his general assets or dissipated the entire …
Krase has moved to compel LINA to produce four documents that LINA has withheld on grounds of attorney-client privilege, arguing that the documents fall within the “fiduciary exception” to the privilege. “Under that exception, a …
[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 …
Why the Court embarks on this peculiar path is beyond me. It cannot even be explained by an eagerness to demonstrate — by blatant dictum, if necessary — that, by George, plan members misled by …
When stripped of its “futility” label, Brown’s argument is a winner. Prudential’s failure to comply with its duty under § 1133(2) to provide Brown with “a reasonable opportunity . . . for a full and …
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 …
The Court finds that plaintiffs’ claims against Hillyer do not fall within the scope of ERISA § 502(a) because they do not implicate a relationship governed by ERISA and because their resolution does not require …
Bland is the only Seventh Circuit case directly construing the fiduciary exception to the attorney client privilege, but Bland looked to other ERISA cases for explanation of what kinds of acts are fiduciary in nature. …
Every now and then an estoppel case pops up under ERISA, and the law is twisted and mangled to make it fit. See, e.g., Livick v. The Gillette Co., U.S. App. Lexis 8261, 43 E.B.C. …