Amy Covert

Sixth Circuit Distinguishes Itself and Rules That Presumption of Prudence Should Not Be Applied on a Motion to Dismiss
Stacey C. S. Cerrone,Amy Covert,Russel I. Hirschhorn,Robert W. Rachal,Myron D. Rumeld,Howard Shapiro, February 24, 2012
The Sixth Circuit issued a ruling on February 22, 2012 in Pfeil v. State Street Bank and Trust Co., No. 10-2302, 2012 WL 555481 (6th Cir. Feb. 22, 2012) that distinguishes itself from other Circuit Courts concerning the application of the presumption of prudence that applies to an ERISA plan...

Third Circuit Limits Relief Available to ERISA Welfare Plans Seeking Reimbursement of Medical Expenses
Stacey C. S. Cerrone,Amy Covert,Russel I. Hirschhorn,Robert W. Rachal,Myron D. Rumeld,Howard A. Shapiro, November 18, 2011
In a case of significant importance for plan sponsors and fiduciaries, the U.S. Court of Appeals for the Third Circuit held in US Airways, Inc. v. McCutchen, No. 10-3836 (3d Cir. Nov. 16, 2011), that an employee benefit plan was not entitled to full reimbursement of medical expenses it paid to a...