Seventh Circuit addresses whether financial service provider is ERISA fiduciary

The U.S. Court of Appeals for the Seventh Circuit has recently decided a case challenging the amount of fees paid by 401(k) plan participants, Leimkuehler v. Am. United Life Ins. Co. This opinion is likely to have vast implications for that type of litigation specifically and the scop
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The exhaustion of administrative remedies is not required in an ERISA benefits case when a participant can “reasonably interpret” the plan to not require exhaustion

This case concerns the calculation of a participant’s benefit, and whether that benefit should include (among other things) an early retirement credit. The plan’s administrative procedures apply when a participant wants to “file a benefit claim,” but this parti
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‘Honest Suspicion’ of FMLA Abuse Justifies Firing, Courts Rule ]

A multibillion-dollar corporation that hired a private investigator to combat excessive employee absenteeism and suspected FMLA abuse withstood an interference and retaliation claim by a fired factory worker in a case brought before the U.S. 7th Circuit Court of Appeals. The case is S
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Seventh Circuit Issues Preliminary Injunction in Contraception Mandate Case, and Signing Off

The Seventh Circuit issued a preliminary injunction in Korte v. Sebelius, a Religious Freedom Restoration Act challenge to the Affordable Care Act’s requirement that employers cover contraception and sterilization services. The case was filed by K&L Contractors, as well as Cyril
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Court Allows HR Staffer’s Comment to Support FMLA Discrimination Claim

Top brass may have the last word when it comes to adverse actions. But even comments made by lower-level managers — including those in human resources — may be used to support the kind of discrimination claim that often follows in the highly emotional climate following a layoff. A rec
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