Articles by Anthony Shelley
Defeat puts severe dent in Tipperary footballers' promotion hopes
Limerick 2-21 Tipperary 3-8 Like the ancient mariner, I suspect Tipperary football manager, Philly Ryan, came away from Rathkeale on Saturday night a sadder but wiser man. Sadder because after defeat to Limerick, his team’s chances of promotion this year have all but disappeared. But he’s also wiser because he now knows that if Tipperary can attack with more purpose in the final third of the field then they have the players who are capable of competing at this level and above.
O'Brien rescues Tipp with a late two-point equaliser to end Carlow clash in stalemate
Allianz National Football League - Division 4 - Round 1 Tipperary 1-16 Carlow 2-13 By Anthony Shelley The Philly Ryan era got off to an exciting start in Netwatch Dr. Cullen Park on Saturday evening when his young Tipperary charges snatched a draw that for long periods had looked very unlikely. With five debutants in the starting line-up, Tipperary supporters travelled to Carlow more in hope than expectation.
The ERISA Edit: DOL Settles Cross-Plan Offsetting Case And Dodges EAJA Fees In Another
Last week, the U.S. Department of Labor (DOL) entered into a settlement agreement with EmblemHealth Inc.
The ERISA Edit: DOL Again Seeks To Amend Five-Part
On October 31, 2023, the U.S. Department of Labor (DOL) released proposed amendments to the regulatory definition of an "investment advice fiduciary" set forth in 29 C.F.R § 2510.3-21 and to three related class Prohibited Transaction Exemptions (PTE). Collectively, these new proposals are DOL's latest attempt to extend ERISA's fiduciary protections to individual retirement accounts (IRAs).
The ERISA Edit: District Court Roundup
This week, the U.S. District Court for the Eastern District of Kentucky has added to the tangle of decisions addressing the enforceability of individual arbitration clauses in plan documents and employment agreements. In Merrow v. Horizon Bank, the plaintiffs brought a putative class action against Horizon Bank, the independent fiduciary trustee for the P.L. Marketing, Inc.
The ERISA Edit: ICYMI – Court Allows Gender-Affirming Care Ban; DOL Advisory Opinion - Employee Benefits & Compensation - United States
Earlier this year, the legislatures of Tennessee and Kentucky banned certain medical treatments for minors with gender dysphoria, which has been characterized by the American Psychiatric Association as a "persistent sense of discomfort" with one's biological sex. On September 28, 2023, the U.S. Court of Appeals for the Sixth Circuit reinstated the treatment bans, after they had been preliminarily enjoined by lower courts. See L.W. v. Skrmetti, No. 23-5600, 2023 WL 6321688 (6th Cir. Sept. 28, 2023).
EXPERT INSIGHTS-THE ERISA EDIT: MORE GUIDANCE AND FAQS IMPLEMENTING THE NO SURPRISES ACT
Enter to open, tab to navigate, enter to select
The ERISA Edit: More Guidance And FAQs Implementing The No Surprises Act
On October 6, 2023, the U.S. Departments of Labor, Health and Human Services, and the Treasury (collectively, the Departments) announced the immediate reopening of the No Surprises Act (NSA) Independent Dispute Resolution (IDR) portal for the initiation of certain new single and bundled payment disputes. The Departments also issued Frequently Asked Questions (FAQs) and other guidance for the IDR process going forward.
The ERISA Edit: More Coverage Mandates And TiC Enforcement Ahead
The Departments of the Treasury, Labor, and Health and Human Services (collectively, the Departments) issued a Request for Information (RFI) on Friday seeking public comments on application of the preventive services requirements under section 2713 of the Public Health Service (PHS) Act to over-the-counter (OTC) preventive items and services prescribed by a healthcare provider as part of a course of treatment.
The ERISA Edit: ESG Rulemaking Withstands States' Challenge
Late last week, the U.S. District Court for the Northern District of Texas allowed the Department of Labor's (DOL) amendments to its Investment Duties regulation, permitting consideration of environmental, social, and governance (ESG) factors, to stand. On September 21, 2023, Judge Matthew Kacsmaryk granted DOL's cross-motion for summary judgment in Utah v. Walsh, No. 23-cv-16 (Jan.
The ERISA Edit: A Disturbance In The Force
In a 2-1 decision, the U.S. Court of Appeals for the Fourth Circuit issued a precedential decision last week holding that the make-whole monetary remedy of surcharge is not a form of equitable relief available under ERISA. Rose v. PSA Airlines, Inc., No. 21-2207 (Sept. 11, 2023, 4th Cir.). However, the court held that the plaintiff could seek to recover money on her ERISA section 502(a)(3) claim under an unjust enrichment theory.
Dog Days Of Summer Pave The Way For Continuing Rise In ERISA Litigation: Summer 2021 ERISA Litigation Update
To print this article, all you need is to be registered or login on Mondaq.com. Three important Employee Retirement Income Security Act of 1974 (ERISA) breach of fiduciary decisions came down this summer. In Sacerdote v.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Anthony
Contact Anthony, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack