On October 13, 2026, the en banc Eleventh Circuit held in Bolton v. Inland Fresh Seafood Corporation of America that ERISA does not require plaintiffs to exhaust a plan’s internal claims procedures before suing in federal court for breach of fiduciary duty or other statutory violations. The ruling overturns four decades of precedent that had
ERISA litigation
FAQs Part 74: Departments Confirm No Retroactive “Full Reward” Required for Wellness Programs
By Jennifer Rigterink & Jaime Santos on
During the last week of August, the Departments of Labor, Treasury, and Health and Human Services (the “Departments”) issued FAQs Part 74, addressing HIPAA nondiscrimination and wellness program rules.
In the FAQs, the Departments confirmed that sponsors of group health plans have considerable flexibility in crafting wellness programs and should not be penalized for…
District Court Reinforces Role of Article III Standing Limits in Post-Cunningham ERISA Litigation
By Renee Firth, Sydney Juliano & Russell Hirschhorn on
As has been discussed and written about extensively, the U.S. Supreme Court lowered the pleading standard for claims alleging violations of ERISA’s prohibited transaction rules. Cunningham v. Cornell University, 604 U.S. 693 (2025). A recent decision addressing a motion to dismiss prohibited transaction claims serves as a good reminder to plan sponsors and…
Seventh Circuit Holds Asset Sale Does Not Require Exclusion of Contributions from Withdrawal Liability Calculation
By Neil V. Shah & Sydney Juliano on
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…