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Stacey C.S. CerroneBlog Posts

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  • Ninth Circuit: ERISA Does Not Bar Forum Selection Clauses

    Aligning itself with other circuit courts that have ruled on the issue, the Ninth Circuit recently held that ERISA does not bar forum selection clauses in benefit plans.  The background of the case and the Ninth Circuit’s ruling are straightforward.  Plaintiff filed a putative class action in the Northern District of California challenging the management... Continue Reading
    April 7, 2021
  • Second Circuit: Investment Advisor Not Covered by Plaintiff’s Employment Arbitration Agreement

    The U.S. Court of Appeals for the Second Circuit recently concluded that investment advisor Ruane Cunniff & Goldfarb must face a proposed class action under ERISA Section 502(a)(2) for breach of fiduciary duty relating to its alleged mismanagement of a profit-sharing plan sponsored by DST Systems, Inc.  Cooper v. Ruane Cunniff & Goldfarb Inc., No....… Continue Reading
    March 7, 2021
  • Second Circuit: Investment Advisor Not Covered by Plaintiff’s Employment Arbitration Agreement

    The U.S. Court of Appeals for the Second Circuit recently concluded that investment advisor Ruane Cunniff & Goldfarb must face a proposed class action under ERISA Section 502(a)(2) for breach of fiduciary duty relating to its alleged mismanagement of a profit-sharing plan sponsored by DST Systems, Inc.  Cooper v. Ruane Cunniff & Goldfarb Inc., No. 17-2805 (2d... Continue Reading
    March 7, 2021
  • U.S. Supreme Court: Courts Can Review Railroad Retirement Board’s Refusal to Reopen Claims

    In a 5-4 decision, the U.S. Supreme Court has ruled that federal courts can review decisions by the U.S. Railroad Retirement Board denying claimants’ requests to reopen prior benefits denials. Salinas v. U.S. R.R. Ret. Bd., No. 19-199 (Feb. 3, 2021). Justice Sonia Sotomayor, writing for the majority, explained the relevant provision of the Railroad...… Continue Reading
    February 7, 2021
  • U.S. Supreme Court: Courts Can Review Railroad Retirement Board’s Refusal to Reopen Claims

    In a 5-4 decision, the U.S. Supreme Court has ruled that federal courts can review decisions by the U.S. Railroad Retirement Board denying claimants’ requests to reopen prior benefits denials. Salinas v. U.S. R.R. Ret. Bd., No. 19-199 (Feb. 3, 2021). Read the full article at Jackson Lewis Benefits Law Advisor Blog. Continue Reading
    February 7, 2021
  • BlackRock 401(k) Plan Class Action Headed for Trial

    A class action alleging that BlackRock entities favored their own proprietary funds when selecting investment options for BlackRock’s 401(k) Plan is headed for trial after Judge Haywood S. Gilliam, Jr. denied both parties’ motions for summary judgment on January 12, 2021. Baird v. BlackRock Inst’l. Trust Co., No. 17-1892 (N.D. Cal. Jan. 12, 2021). BlackRock...… Continue Reading
    January 14, 2021
  • BlackRock 401(k) Plan Class Action Headed for Trial

    A class action alleging that BlackRock entities favored their own proprietary funds when selecting investment options for BlackRock’s 401(k) Plan is headed for trial after Judge Haywood S. Gilliam, Jr. denied both parties’ motions for summary judgment on January 12, 2021. Baird v. BlackRock Inst’l. Trust Co., No. 17-1892 (N.D. Cal. Jan. 12, 2021). Read the... Continue Reading
    January 14, 2021
  • U.S. Supreme Court: State Law Regulating Pharmacy Benefit Managers is Not Preempted by ERISA

    An Arkansas law regulating pharmacy benefit managers’ (PBMs) generic drug reimbursement rates, and affecting the cost of prescription drugs provided under ERISA-governed benefit plans and the administration of those plans, is not preempted by ERISA, the U.S. Supreme Court has held unanimously. Rutledge v. Pharmaceutical Care Management Association, No. 18-540, 2020 U.S. LEXIS 5988 (Dec. 10,...… Continue Reading
    December 14, 2020
  • U.S. Supreme Court: State Law Regulating Pharmacy Benefit Managers is Not Preempted by ERISA

    An Arkansas law regulating pharmacy benefit managers’ (PBMs) generic drug reimbursement rates, and affecting the cost of prescription drugs provided under ERISA-governed benefit plans and the administration of those plans, is not preempted by ERISA, the U.S. Supreme Court has held unanimously. Rutledge v. Pharmaceutical Care Management Association, No. 18-540, 2020 U.S. LEXIS 5988 (Dec. 10,... Continue Reading
    December 14, 2020
  • Supreme Court to Consider Appealability of Railroad Retirement Board Decisions

    The U.S. Supreme Court will hear the second of several ERISA disputes this term, the first issue we discussed as the term began, October 5, 2020.  Monday, November 2, 2020, the Justices will consider whether the Railroad Retirement Board’s denial of a claimant’s request to open a prior benefits decision is a “final decision” reviewable...… Continue Reading
    November 1, 2020

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