Labor/Employment
Mar. 29, 2012
Federal Circuits: years of misleading ERISA decisions
Federal circuits show little sympathy for ERISA attorneys who cannot show detrimental reliance on defective plan summaries. By Chuck Teixeira
Not long ago, the 9th U.S. Circuit Court of Appeals had ERISA practitioners viewing plan documents as chimera. If a plan document was inconsistent with a summary communicated to participants, the court bound the employer and plan fiduciaries to whichever of the documents was more favorable to participants. Banuelos v. Constr. Laborers' Trust Funds for S. Cal., 382 F.3d 897, 904 (9th Cir. Cal. 2004); Bergt v. Ret. Plan for Pilots ...
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