ERISA • Employment Law
  • Court Declines to Remand Case Involving an Alleged Church Plan and Finds ERISA Controls Instead

    Although the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”), regulates nearly all non-governmental employer sponsored benefit plans, a notable exception exists for so-called “church plans.”  A church plan is “a plan established and maintained [] for its employees (or their beneficiaries) by a church or by a convention or association of churches which

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  • The Impact of a Layoff on a Long Term Disability Claim

    Things have been busy at The Garner Firm, and I am behind on my blog posts.   Last week, I was fortunate to attend the American Bar Association’s Torts Insurance Practice Section (“TIPS”) Mid-Winter Symposium on Insurance and Employee Benefits.  During the conference, a speaker discussed the impact a lay off can have on a disabled employee’s long term

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  • D.C. Circuit Affirms Dismissal of Stock Drop Lawsuit

    Happy New Year!   Following up on my last two posts that dealt with individual ERISA breach of fiduciary duty claims, this morning’s post deals with the dismissal of a potential breach of fiduciary duty class action.  On December 30, 2016, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the dismissal of a “stock drop”

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