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Articles by Lena Kettering
Emerging Case Law Supports Forum-Selection Clauses in ERISA Plans | JD Supra
A recent decision by the Ninth Circuit upholds the enforceability of forum-selection clauses in ERISA plans. The case, In re Becker v. United States Dist. Court, No. 20-72805, 2021 WL 1219745 (9th Cir. Apr. 1, 2021), is in line with evolving case law trending towards the enforceability of forum-selection clauses in ERISA plan documents.
Congress Poised To Pass Coronavirus Response Legislation Impacting Health Plans And Leave Policies
To print this article, all you need is to be registered or login on Mondaq.com. On March 18, 2020, the Senate voted to approve H.R. 6201, the Families First Coronavirus Response Act (the "Act"), by a vote of 90-8. The version of the Act approved by the Senate is the same as the version with "technical corrections" approved by the House of Representatives by unanimous consent on March 16. President Trump then signed the Act into law later on March 18.
Coronavirus Response Legislation Impacting Health Plans And Leave Policies
To print this article, all you need is to be registered or login on Mondaq.com. In the early morning hours of Saturday, March 14, 2020, the House of Representatives passed H.R. 6201, the Families First Coronavirus Response Act (the "Act"), by a bipartisan vote of 363-40. The Senate has postponed its planned recess and is expected to consider the bill sometime this week. President Trump has indicated his support for the Act and he will likely sign the bill as soon as it reaches his desk.
INSIGHT: ERISA Defendants Get Potential Gift in Unappealing Wrapping
The Supreme Court’s unanimous opinion in Intel v. Sulyma has received wide attention for resolving an important ERISA statute of limitations issue. However, Justice Samuel Alito’s opinion could be just as significant for what it did not say: that because of the court’s holding, future plaintiffs trying to represent a class may now face challenges where actual knowledge is at issue.
INSIGHT: ERISA Defendants Get Potential Gift in Unappealing Wrapping
The Supreme Court’s unanimous opinion in Intel v. Sulyma has received wide attention for resolving an important ERISA statute of limitations issue. However, Justice Samuel Alito’s opinion could be just as significant for what it did not say: that because of the court’s holding, future plaintiffs trying to represent a class may now face challenges where actual knowledge is at issue.
Coronavirus Response Legislation Impacting Health Plans and Leave Policies | JD Supra
In the early morning hours of Saturday, March 14, 2020, the House of Representatives passed H.R. 6201, the Families First Coronavirus Response Act (the “Act”), by a bipartisan vote of 363-40. The Senate has postponed its planned recess and is expected to consider the bill sometime this week. President Trump has indicated his support for the Act and he will likely sign the bill as soon as it reaches his desk.
The ERISA Class Cert. Tripwire In High Court’s Intel Decision
Law360 (March 3, 2020, 1:52 PM EST) -- The U.S. Supreme Court’s Feb. 26 decision in Intel Corp. Investment Policy Committee v. Sulyma is rightly being recognized for its resolution of an important question related to the Employee Retirement Income Security Act’s statute of limitations. But Intel could be equally as significant for something Justice Samuel Alito did not mention once in his 12-page opinion: the obstacles it could present to future ERISA plaintiffs seeking to certify a class.
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