June 01, 2016

Ninth Circuit Okays Simultaneous Claims for Retirement Benefits and Breach of Fiduciary Duty Claims Under ERISA

Matthew B. Butler

As the baby boomer generation continues to retire, ERISA claims are a focus of the U.S. Supreme Court and at the forefront of federal circuit court opinions. Even the Department of Labor recently issued rules defining which plan administrators and vendors constitute fiduciaries under ERISA. Congress did not support the rules, and the United States Chamber of Commerce filed suit along with eight other groups in the Northern District of Texas. Eugene Scalia, of Gibson Dunn LLP and son of former U.S. Supreme Court Justice Antonin Scalia, is on the team of lawyers representing the Chamber. The significance of these issues cannot be overstated.

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