ERISA provides standing to bring an action for breach of fiduciary only to a plan’s participants, beneficiaries, and fiduciaries. However, the United States Court of Appeals for the Second Circuit recently held that an entity had standing to bring an action even though it had ceased being a fiduciary more than 20 years prior to the decision. What led the court to reach this result? Read on to find out.

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The United States Court of Appeals for the Eighth Circuit recently reviewed a case in which the evidence suggested that the employer had mistakenly overpaid over a half-million dollars to multiemployer funds based upon a misunderstanding as to the scope of its collective bargaining agreement. In the process of reviewing that decision, the Court noted that ERISA specifically exempts mistaken overpayments from its anti-inurement provision and that its own precedent specifically granted employers a common law action for restitution of mistaken payments.

Nevertheless, the Eighth Circuit held that, under the circumstances of the case, equity did not justify a refund of the overpayment to the employer and affirmed summary judgment in favor of the funds. What led the Court to reach this decision? Read on to find out.

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On October 1, 2012, the Supreme Court of the United States declined to review a decision of the United States Court of Appeals for the Sixth Circuit which upheld a provision of a collective bargaining agreement (“CBA”) requiring the union to indemnify the employer for withdrawal liability.

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On August 8, 2011, the United States Court of Appeals for the Seventh Circuit reached a significant determination in a withdrawal liability case that could leave employers subject to increased, revised withdrawal liability assessments based purely as a result of errors or recalculations performed by multiemployer plans.

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