December 12, 2025
The Eleventh Circuit signaled it may be willing to change its precedent to make it easier for federal benefits lawsuits to get to the courthouse door, while the Second Circuit shut down a challenge to a union pension plan's private equity investment emphasis. Here's a look back at these and two other significant Employee Retirement Income Security Act litigation developments from the latter half of 2025 that benefits attorneys should have on their radar.
November 07, 2025
Two appeals court judges used a decision in an employee stock ownership plan case to urge the full Eleventh Circuit to rethink its requirements for filing federal benefits suits, a marketing company shut down a 401(k) forfeiture case, and CVS and Duke University were hit with new suits. Here, Law360 looks back at six noteworthy ERISA developments from last month.
November 06, 2025
Workers for a seafood company urged the Eleventh Circuit to rethink a panel's decision in October that upheld dismissal of their suit accusing the company of employee stock ownership plan mismanagement, arguing the full court should overturn appellate precedent that led to the three-judge panel's decision.
October 17, 2025
A recent Eleventh Circuit decision opens up a route for overturning the appellate court's strictest-in-the-nation precedent requiring administrative exhaustion of all claims brought under the Employee Retirement Income Security Act, attorneys say, given that two judges in a panel concurrence advocated for such action following en banc review.
October 15, 2025
The Eleventh Circuit on Wednesday backed the dismissal of a proposed class action from ex-seafood company workers who claimed their employee stock ownership plan had been mismanaged, but left open the possibility that the former workers could resuscitate their suit at the trial court.
May 13, 2025
The Eleventh Circuit seemed Tuesday to lean toward reviving a lawsuit from former workers of a seafood company who allege that their employee stock ownership plan was overcharged in a $92 million deal, as judges questioned a lower court's decision to toss the case with prejudice.
May 02, 2025
The Eleventh Circuit will hear arguments from former seafood company workers who say they were overcharged when they purchased their employer’s stock, while the Sixth Circuit tackles appeals from Kellogg and FedEx retirees who say they were shorted on benefits because of outdated mortality data. Here’s three arguments to keep an eye on in May.
September 27, 2024
The Eleventh Circuit denied an initial en banc hearing request from former employees of a seafood company who are pushing to revive a lawsuit alleging their employee stock ownership plan was overcharged by tens of millions of dollars after a Georgia federal judge dismissed the case in December.
May 23, 2024
The U.S. Department of Labor urged the Eleventh Circuit to reinstate a lawsuit from former seafood company workers who claimed their employee stock ownership plan was overcharged in a $92 million deal, saying they didn't jump the gun by suing instead of pursuing claims internally.