U.S. Supreme Court Interprets “Actual Knowledge” Test for Suits Against ERISA Fiduciaries

The U.S. Supreme Court, in a unanimous decision, has ruled that a plaintiff in a lawsuit alleging a fiduciary breach under the Employee Retirement Income Security Act of 1974 (“ERISA”) did not have “actual knowledge” of the information contained in disclosures that the

“While emergency does not create power, emergency may furnish the occasion for the exercise of power.”

~ U.S. Supreme Court Chief Justice Charles E. Hughes (1934)

COVID-19 has transformed the health and economy of our nation. Expectedly, the legislative response to this national emergency, at both the state and federal levels,

Second Circuit Affirms Decision Rejecting ERISA Claims for Retiree Health Benefits

The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing claims under the Employee Retirement Income Security Act of 1974 (“ERISA”) seeking retiree health benefits.

The Case

The plaintiffs were officers at EmblemHealth, Inc., who retired between 2008

The economic realities brought on by the COVID-19 pandemic have forced our government at both the federal and state level to take unprecedented action.  And, despite congressional passage of the Coronavirus Aid, Relief, and Economic Security Act (Cares Act), with its corresponding infusion of $2 trillion into the national economy, governors and other state officials,

Policy Endorsement Waived Contribution From Additional Insured’s Insurer, First Department Decides

A claimant sued the New York City Housing Authority (“NYCHA”) for personal injuries, and NYCHA was defended as an additional insured under a policy issued to Women Work Construction Corp. (“WWC”). WWC’s insurer asserted that NYCHA’s insurer had to contribute to NYCHA’s defense. The

In this time of medical and economic uncertainty, one thing is for sure – lawsuits alleging injury and damage from the coronavirus pandemic are inevitable. While the country remains in lockdown – schools and businesses are shut down, employees are working from home and everyone is practicing social distancing and self-quarantine – lawsuits have already

First and foremost, we hope everyone is staying safe and healthy.

As you probably have noticed, Rivkin Radler has issued a series of bulletins over the past several days to help our clients navigate through this difficult time.

In addition to these bulletins, we will also continue to provide our monthly newsletters.  Here is what

As the country continues to absorb the shock of the COVID-19 pandemic, commercial property insurers are already experiencing an influx of claims, mostly for business interruption.

There is likely little to no coverage available under most standard commercial property policies for these types of claims. Most commercial property policies provide coverage for lost income or

Ninth Circuit Affirms Decision Rejecting Suit Seeking Early Retirement Benefits

The U.S. Court of Appeals for the Ninth Circuit has affirmed a district court’s decision rejecting a plaintiff’s lawsuit seeking to overturn determinations by administrators of two retirement trusts governed by the Employee Retirement Income Security Act of 1974 (“ERISA”) denying his claims for early

Court Rules “C/O” Company In Contract Not An Additional Insured

A construction worker sued Blue Woods Management Group, Inc. alleging that he was injured while working at premises owned by Blue Woods. Blue Woods sought additional insured coverage under its general contractor’s policy, which provided such coverage “where required by written contract,” and the insurer