Alert December 17, 2013

New ERISA Litigation Update Available

Goodwin Procter’s ERISA Litigation Practice published its latest quarterly ERISA Litigation Update.  The update discusses (1) the Supreme Court’s upcoming review of the Sixth Circuit’s decision in Fifth Third Bancorp v. Dudenhoeffer, a case addressing plan investments in company stock; (2) Rochow v. Life Insurance Company of North America in which the Sixth Circuit adopted an expansive view of the remedies available under ERISA and allowed a plaintiff to recover benefits under ERISA § 502(a)(1)(B) and also obtain equitable relief in the form of disgorgement of profits under ERISA § 502(a)(3); and (3) decisions by federal district courts in Missouri and Vermont that reached opposite conclusions regarding the right to jury trial with respect to fiduciary breach claims brought under ERISA §502(a)(2).