When an employer withdraws from a multiemployer pension plan, its maximum annual payment is based on all contributions it was required to remit to the plan. In SuperValu Inc. v. United Food and Commercial Workers Unions and Employers Midwest Pension Fund, 155 F.4th 913 (7th Cir. Oct. 9, 2025), the Seventh Circuit affirmed that
ERISA Litigation
Planning for Your Next DOL Investigation Just Got Easier
Spoiler alert. We are about to reveal the secret to learning what the U.S. Department of Labor’s Employee Benefits Security Administration (“EBSA”) will be focused on the next time it investigates your employee benefit plans? Ready? Just ask.
Last week, EBSA announced an overhaul of its national enforcement projects for fiscal year 2026—the most significant EBSA has made…
Third Circuit Holds No Deference Due Where Administrator Fails to Articulate an Interpretation of an Ambiguous Plan Term
By Neil V. Shah & Alex Scharr on
In most cases, denials of ERISA plan benefits by administrators who have been granted discretionary authority to interpret and apply the plan are reviewed under an abuse of discretion standard, and may only be reversed if the denial was arbitrary and capricious. Such deference, however, is not without limits, and there are circumstances in which…
No Monetary Harm, No Foul? Not Quite, but American Airlines Not Required to Pay Any Monetary Damages in ERISA ESG Breach of Loyalty Case
By Mary Grace Richardson & Adam Scoll on
On September 30, 2025, Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas issued a final judgment on damages in Spence v. American Airlines, Inc., No. 4:23-cv-552 (N.D. Tex. Sept. 30, 2025), which related to challenges that American Airlines and its employee benefits committee (“AA”) violated their ERISA fiduciary…