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Full-Text Articles in Law
Stuck In Unfriendly Skies: How The Seventh Circuit’S Decision In Summers V. State Street Bank & Trust Company Left United Airlines Employees With Nothing But Hot Air, Jeffrey P. Swatzell
Stuck In Unfriendly Skies: How The Seventh Circuit’S Decision In Summers V. State Street Bank & Trust Company Left United Airlines Employees With Nothing But Hot Air, Jeffrey P. Swatzell
Seventh Circuit Review
In Summers v. State Street Bank & Trust Company, the United States Court of Appeals for the Seventh Circuit was asked whether State Street Bank & Trust Company, a directed trustee of United Airlines’ employee stock ownership plan, acted imprudently by failing to cause the plan to sell its United stock after the company suffered massive financial losses in the aftermath of the September 11, 2001 terrorist attacks. Ultimately, the court found that although State Street, as a directed trustee, was bound by certain fiduciary duties under ERISA, it did not act imprudently by continuing to follow the named …
Conflict Of Interest And The Standard Of Review In Erisa Cases: The Seventh Circuit’S Refusal To Acknowledge What Other Circuits Already Know, Barbara C. Long
Conflict Of Interest And The Standard Of Review In Erisa Cases: The Seventh Circuit’S Refusal To Acknowledge What Other Circuits Already Know, Barbara C. Long
Seventh Circuit Review
The Supreme Court's decision in Firestone v. Bruch required that conflicts of interest by a plan administrator be "weighed as a factor in determining whether there is an abuse of discretion" in the decision to deny benefits. Nearly every circuit court of appeals, except the Seventh Circuit, has determined that where the plan administrator is also the funder or insurer of a plan, there is an inherent conflict of interest that warrants adjusting the standard of review. This article discusses the Seventh Circuit's reasons for departing from the wisdom of the other circuit courts, and why its reasons are unjustifiable.
Justice Ginsburg's Fiduciary Loophole: A Viable Achilles' Heel To Hmo's Impenetrable Erisa Shield, Charlotte Johnson
Justice Ginsburg's Fiduciary Loophole: A Viable Achilles' Heel To Hmo's Impenetrable Erisa Shield, Charlotte Johnson
Louis Jackson National Student Writing Competition
No abstract provided.