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Labor/Employment,
9th U.S. Circuit Court of Appeals

Jun. 30, 2021

US calls Northrop ruling ‘fiduciaries’ road map to immunity’

Jeffrey Hahn, counsel for U.S. Labor Secretary Marty Walsh, said the 9th Circuit’s April ruling “misconceived the concept of fiduciary status under ERISA and misconstrued the Department of Labor’s long-standing guidance.”

By ruling that a Northrop Grumman pension committee cannot be held liable for giving workers the wrong benefits estimates, an opinion by the 9th U.S. Circuit Court of Appeals threatens to give "fiduciaries a road map to immunity," the U.S. Department of Labor warned in an amicus brief.

Jeffrey Hahn, counsel for Labor Secretary Marty Walsh, urged the court on Monday to consider rehearing the case, and said the opinion it issued "misco...

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