Benjamin Flaxenburg
Associate
Benjamin O. Flaxenburg is an associate in the Labor & Employment Law Department and a member of the Employee Benefits & Executive Compensation Group.
Prior to joining Proskauer, Ben served as an extern for the United States Attorney’s Office for the Eastern District of Louisiana and as a judicial extern to the Honorable Nannette Jolivette Brown at the United States District Court for the Eastern District of Louisiana. Ben was also a managing editor of the Tulane Maritime Law Journal, a member of the Tulane’s Moot Court Board and a member of Tulane’s Alternative Dispute Resolution Moot Court Team.
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Beginning January 1, 2020, the American Arbitration Association (AAA) will: (i) reduce filing fees charged to parties initiating arbitrations of withdrawal liability disputes; (ii) change how costs of arbitrations are allocated among the parties to the disputes; and (iii) amend the process for resolving arbitrator selection disputes. The new filing fees are modest in comparison … Continue Reading
A federal district court in Texas referred to arbitration a 401(k) plan participant’s ERISA breach of fiduciary duty action based on allegations that certain plan investment options charged excessive fees. In a two-page order, the court instructed the arbitrator to determine whether the arbitrator or a court should determine whether the class action waiver provision … Continue Reading
The Sixth Circuit joined several other circuits in holding that a participant need not have actually incurred a financial loss in order to have standing to assert an ERISA claim for benefits under Section 502(a)(1)(B). Here, the plan participant arranged an air ambulance for his son in a non-emergent situation, but the plan refused to pay … Continue Reading
The Ninth Circuit recently held that ERISA does not preempt a Nevada state law that curtailed the ability of multiemployer plans to recover unpaid employer contributions. Under Nevada law SB 223, general contractors can be held vicariously liable for the labor debts of their subcontractors, including contributions owed by subcontractors pursuant to a collective bargaining … Continue Reading
The Second Circuit determined that a district court erred when it denied an attorney fee award to an ERISA plaintiff who had sought benefits from a plan. In so ruling, the Second Circuit first concluded the district court incorrectly determined that the plaintiff had not achieved “some success”—a threshold requirement for an ERISA fee award—because … Continue Reading
A recent ERISA opinion gives us occasion to point out the important distinction under ERISA concerning fiduciary duties as they pertain to existing benefits and possible benefits. In this case, the plaintiff alleged that defendants misrepresented to her that her retirement benefit plan would not change or would only change to her advantage after the … Continue Reading
The Seventh Circuit rejected a disability plan participant’s argument that an untimely decision denying his claim for long-term disability benefits warranted changing the standard of review from arbitrary and capricious to de novo. In so ruling, the Court explained that had plaintiff filed suit once the time for a timely decision had passed (because his … Continue Reading
In an opinion released yesterday, the Supreme Court reaffirmed that collective bargaining agreements (CBAs) must be interpreted according to “ordinary principles of contract law.” CNH Industrial N.V. v. Reese, No. 17-515, 2018 WL 942419 (U.S. Feb. 20, 2018). In so ruling, the Court again rejected the Sixth Circuit’s inference from silence that CBAs vested retiree … Continue Reading
The Fifth Circuit held that the statute of limitations for an ERISA § 502(c)(1) claim—a claim for penalties for failure to provide certain documents within thirty days of a written request—was subject to a one-year statute of limitations. In so holding, the Court borrowed the statute of limitations from the Louisiana Civil Code for claims alleging … Continue Reading
The Ninth Circuit ruled that a district court erred by failing to consider the entire course of the litigation when analyzing a request for attorney’s fees under ERISA and remanded the case for a calculation of fees. A plan participant filed suit against a plan and insurer seeking disability benefits. The plan, in turn, filed a cross-claim against … Continue Reading
PBGC Adopts AAA’s Amended Withdrawal Liability Arbitration Rules
By Anthony Cacace, Justin Alex and Benjamin Flaxenburg on Posted in Withdrawal Liability
Arbitrator To Decide Whether ERISA Fiduciary Claims Should Be Arbitrated
By Benjamin Flaxenburg on Posted in Arbitration
Sixth Circuit Holds Pecuniary Loss Not Required to Establish Standing In Benefit Claim
By Benjamin Flaxenburg on Posted in Standing
ERISA Doesn’t Preempt Nevada Law Limiting General Contractors’ Obligations To Pay Delinquent Contributions
By Benjamin Flaxenburg on Posted in Preemption
Second Circuit Requires Reevaluation of ERISA Attorney Fee Judgment
By Benjamin Flaxenburg on Posted in Attorneys' Fees
ERISA’s Duty To Inform – Distinguishing Between Existing and Possible Benefits
By Benjamin Flaxenburg on Posted in Disclosure
Plan Participant Waived Remedy for Untimely Benefits Determination
By Benjamin Flaxenburg on Posted in Benefit Claims
Tackett Redux: Ordinary Principles of Contract Interpretation Mean No Inference of Vesting
By Seth Safra, Russell Hirschhorn and Benjamin Flaxenburg on Posted in Retiree Health Care Benefits
Fifth Circuit Borrows One-Year Statute of Limitations for Section 502(c)(1) Claim
By Benjamin Flaxenburg on Posted in Statute of Limitations
Ninth Circuit Considers Pre-Appeal Conduct in Plan’s Request for Appellate Attorney’s Fees
By Benjamin Flaxenburg on Posted in Attorneys' Fees
