Recently, in White, et. al. v. Marshall & Ilsley Corp., the Seventh Circuit concluded that a claim against an Employee Stock Ownership Plan can be dismissed if a plaintiff does not overcome the Moench presumption. Full Story
An employer lawfully terminated an employee pursuant to an attendance policy that did not distinguish between absences for medical reasons and other reasons, according to the Seventh Circuit Court of Appeals. Basden v. Professional Transportation, Inc. (7th Cir. May 8, 2013). Full Story
I’ve covered before on this blog a series of class actions brought against life insurers involving the use of retained asset accounts, in which checkbooks are provided to beneficiaries of life insurance policies, from which any or all proceeds can be withdrawn at any time, rather than providing a lump sum payment. Full Story
In this case, the practice involved plan participants who invested in mutual funds through a service provider. Full Story
This week, the 7th Circuit Court of Appeals in Chicago found that there can be a discharge in a student loan case if the right desultory circumstances present themselves. Full Story
Conventional wisdom says that it is nearly impossible to obtain a discharge of student loan debt in bankruptcy. Indeed, Section 523(a)(8) expressly excepts student loans from discharge, unless the exception of such indebtedness from discharge would impose an undue hardship upon the debtor. Full Story
In a decision issued last week, the Seventh Circuit made clear that discretion isn’t always required for an entity to be a functional fiduciary. But at the same time, the Court reaffirmed that a functional fiduciary is only answerable under ERISA when it is acting as a fiduciary. Full Story
The Seventh Circuit recently affirmed a ruling that left a law firm without insurance coverage for a malpractice claim arising from a sales transaction gone awry. Full Story
Rejecting the plaintiff’s claim that the employer did not provide two accommodations quickly enough, the Seventh Circuit Court of Appeals said that reasonable accommodation under the ADA “is a process, not a one-off event” and that the employer engaged in that process appropriately. Full Story
The Seventh Circuit recently issued two opinions with interesting evidentiary issues. We wrote about the multiple levels of hearsay in Jordan v. Binns, No. 11-2134 (7th Cir. Apr. 4, 2013), last week. Full Story
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