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Retirement: North Carolina seeks recoupment of erroneously paid retirement benefits
Where a woman who erroneously received extra retirement benefits filed suit after the state began recoupment efforts, but each of her claims failed as a matter of law, her suit was dismissed.
Retirement: Company liable for delinquent contributions to multiemployer benefit plans
Where a benefit fund demonstrates that the employer failed both to pay contributions owed and to maintain pertinent records, the burden shifts to the employer to prove the precise amount […]
Retirement: Res judicata bars challenge to Virginia state retirement law
Where a state employee convicted of embezzling state funds challenged a Virginia law requiring forfeiture of the state’s contribution to his retirement account, but his suit was barred by res […]
Retirement: Excessive fees suit is dismissed
Where the member of a retirement plan alleged her employer permitted excess fees to be charged to plan member accounts for managed-account services and legal fees, but she failed to […]
Retirement: Company kept low-performing funds in retirement plan
Where a company sued for failing to remove low-performing investment options in its retirement plan argued that a hypothetical prudent fiduciary in its position would have made the same decision, […]
Retirement: Class certified in imprudent investment suit
Where plaintiffs alleged a plan sponsor violated fiduciary duties by failing to monitor and remove imprudent investment options from the plan, their motion for class certification was granted. Background Peter […]
Retirement: Court approves settlement over ESOP
Where a putative class-action lawsuit was filed over alleged losses to an Employee Stock Ownership Plan, or ESOP, and the court found the settlement and plan of allocation were fair, […]
Sea change? The pandemic may be shifting patterns in retirement
When you reach a certain age, retirement is on everyone’s mind. And the age varies. Several of my schoolteacher friends reached retirement age a couple of years ago. Retirement was […]
Bankers sued over retirement plan finances
A federal judge says a $12 million lawsuit can go forward against a group of bank officials accused of lining their pockets at the expense of employees’ retirement benefits. The […]
To attract more ‘seasoned’ lawyers to bench, pensions being studied
Legislators hope that by collaborating with the courts and the state retirement system they can adjust judicial pension formulas to attract more “seasoned” lawyers to the bench. Senators from both […]
Pension distribution order fixed after 21 days
A divorced couple’s pension distribution order was final and unassailable after 21 days, according to a ruling last month from the Supreme Court of Virginia. Even though a statute expands […]
Verdicts & Settlements
- Medical Malpractice – Jurors side with doctor in suit over rescue surgery
- Workers’ Compensation- Seasonal worker paralyzed in tobacco baler accident
- Medical Malpractice- Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Struck in face by forklift, woman suffers brain injury
- Negligence and Tort – Group home resident falls, sustaining femur fracture
- Medical Malpractice – Nursing facility patient dies after fracturing ankle in fall
- Medical Malpractice- Patient has bladder injury during colostomy reversal
- Premises Liability- Apartment guest burned by gas grill spewing fire
- Motor Vehicle Negligence – Physician sustained hand injuries in crash
- Premises Liability- Dog bite injury nets settlement
- Motor Vehicle Negligence – Woman suffers injuries after T-bone collision
Opinion Digests
- Criminal – Court of Appeals wrongly vacated murder conviction
- Tort – U.Va. prevails on former professor’s claims
- Constitutional – Company’s due process claim against county is dismissed
- Administrative – Plaintiffs’ effort to enjoin ITC proceeding fails
- Patent and trademark – Amazon patent infringement suit transferred to New Jersey
- Tort – Chesterfield County dismissed from wrongful death suit
- Consumer Protection – Lawsuit over kratom survives motion to dismiss
- Criminal – Defendant convicted of attempted sexual exploitation of a child
- Evidence – Motion to exclude transmission expert is rejected
- Damages – Court awards pre-judgment interest following parties’ acquiescence
- Employment – Court approves overtime wage collective action settlement
- Search & Seizure – Warrantless search of hotel room safe upheld
