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Docket: Employee Pensions and Benefits

Case Name: Carroll v. City and County of San Francisco

Court: Cal. Supreme Court Docket: S259558

Decided: 1/29/2020

Read AARP's Amicus Letter (PDF)  

Case Issue: Can a public entity be held liable for age discrimination in disability retirement benefits under the California Fair Employment and Housing Act (FEHA), where the discrimination is mandated by a facially discriminatory legislative provision requiring payment of reduced retirement benefits to persons hired after age 40?

Case Result: Sought relief was achieved. California Supreme Court was urged not to review an appellate court decision favorable to the economic security of California state retirees and the Court denied review.

Case Name: Divane v. Northwestern University

Court: U.S. Ct. App. 7th Cir.   Docket: 18-2569

Decided: 3/25/2020

Read AARP's Amicus Brief  and Opinion (PDF)

Case Result: The court held that fiduciaries did not breach their duties, the fees for the Plaintiffs’ investments were not too high, and offering over 200 investment options was not unreasonable. 


Case Name: Dorman v. Charles Schwab Corp.

Court: U.S. Ct. App. 9th Cir. Docket: 18-15281

Read AARP's Amicus Brief (PDF)

Case Issue: Should the Ninth Circuit grant rehearing en banc of its panel's ruling that employers, via arbitration contract, can strip individual 401(k) retirement plan participants of their right under ERISA to bring federal court actions for fiduciary breach on behalf of the entire plan, see 29 U.C.S. §§ 1132(a)(2) and 1109(a).

Case Name: Express Scripts/Anthem ERISA Litig (In re)

Court: U.S. Ct. App. 2d Cir. Docket: 18-346

Decided: 12/7/2020

Read AARP's Amicus Brief (PDF)

Case Result: In a summary, nonprecedential order, the Second Circuit held that Anthem, as an insurance provider, and Express Scripts, as a pharmacy benefit manager, were not acting as fiduciaries  under ERISA when they negotiated prescription drug prices, even though the agreements affected an ERISA plan.

Case Name: Hartshorne  v. The Roman Catholic Diocese of Albany, New York

Court: New York Supreme Ct., Schenectady County   Docket: 2019-1989

Watch Video and Read Complaint (PDF), Press ReleaseCorp Opposition Brief (PDF), Church Opposition Brief (PDF) Decision/Order (PDF) and Press Release

Case Issue: Did the Defendants, including the Roman Catholic Diocese of Albany, violate New York state laws concerning contracts, promises, and fiduciaries when they either stopped paying or drastically reduced the pensions of former employees of St. Clare's Hospital?

Case Name:  Howard Jarvis Taxpayers' Ass'n v. California Secure Choice Retirement Sav. Prog.

Court: U.S. Ct. App. 9th Cir. Docket: 20-15591

Read AARP Brief (PDF),  Article, and Opinion (PDF)

Decided: 5/7/2021

Case Result: The Ninth Circuit panel unanimously held that ERISA does not preempt the CalSavers program because the program does not relate to an employee benefit plan, but is a state-established and maintained savings program.

Case Name: Indep. Insur. Agents and Brokers v. N.Y.

Court: New York Supreme Court Appellate Division—Third Department Docket: 530047

Read AARP Brief (PDF)

Filed: 8/10/2020

Case Issue: Is New York’s Suitability and Best Interest Rule, which requires insurance agents and brokers to act in the best interests of consumers, a valid regulation?

Case Name: Intel v. Sulyma

Court: U.S. Supreme Court Docket: 18-1116

Decided: 2/26/2020

Read AARP's Amicus Brief (PDF)  

Case Result: The Court, per Justice Alito, held that receiving ERISA disclosures did not automatically mean that the participant had "actual knowledge" of a breach of fiduciary duty, so the three-year statute of limitations did not apply. 

Case Name: Jammal v. Am. Family Insurance

Court: U.S. Ct. App. 6th Cir.  Docket: 20-3226

Filed: 6/10/2020

Read Amicus Brief (PDF)  

Case Issue: Was the district court correct in its initial finding that American Family treated its insurance agents as employees?

Case Name: Jammal v. Am. Family Ins. 

Court: U.S. Ct. App. 6th Cir.     Docket: 17-4125

Read AARP's Amicus Brief (PDF)

Case Issue: Was the district court correct in finding that American Family treated its insurance agents as employees?

Case Name: Lake v. State Health Plan

Court: North Carolina Supreme Court Docket: 436 PA 13-4

Filed: 6/29/2020

Read AARP's Amicus Brief (PDF) 

Case Issue: Is the health insurance benefit North Carolina promised to state and municipal retirees a form of deferred compensation?

Case Name: Rutledge v. Pharmacy Care Management Assn.

Court: U.S. Supreme Ct.  Docket: 18-450

Decided: 12/10/2020

Read AARP's Amicus Brief  (PDF) and Opinion (PDF)

Case Result:  The Supreme Court unanimously ruled that ERISA does not preempt Arkansas’ PBM transparency law.

Case Issue: Many states have passed laws regulating health care market players to address rising health care costs. Does ERISA, the federal law that protects employee benefits, say that states can't do this because the state laws could potentially affect employee benefit plans in some remote way?

Case Name:  Smith v. Board of Directors of Triad Manufacturing (Employee Benefits)

Court: U.S. Ct. App. 7th Cir. Docket: 20-2708

Filed: 1/21/21

Read AARP Amicus Brief (PDF) 

Case Issue:  Is an arbitration clause in an Employee Stock Ownership Plan (ESOP) invalid and unenforceable because it prohibits relief that section 502(a)(2) of the Employee Retirement Income Security Act (ERISA) expressly permits?

Case Name: Teets v. Great-West

Court: U.S. Ct. App. 10th Cir. Docket: 18-1019

Read AARP's Amicus Brief (PDF) and Decision

Case Result: Appellate court upheld the district court's dismissal of plaintiff's ERISA claims on the basis that Great West was not acting as a fiduciary.

Case Name: Thole v. U.S. Bank

Court: U.S. Supreme Court Docket: 17-1712

Read AARP's Amicus Brief (PDF)

Case Result: The Court held that when fiduciary misconduct is not likely to affect a defined benefit plan participant’s actual receipt of benefits, the participant has no standing under ERISA, even though the statute creates a right of action for such a lawsuit.

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