Iron workers' unions sued a crane company for failing to make required contributions to union trust funds for work performed by its employees, but the court affirmed summary judgment against the unions because they lacked admissible evidence of damages after an expert witness was excluded.
Tuesday, July 14, 2026
№ 8Court Decisions (1)·Retirement Plans (4)·Case Commentary (3)
The One Thing
Encore Fiduciary's write-up of Johnson v. Quest Diagnostics is worth the click. The Third Circuit held that keeping two underperforming funds in Quest's 401(k) plan was not a fiduciary breach, because the committee's decisions get deference under Firestone and the process behind them was sound and documented (i.e., an outside investment advisor and regular meetings with the fund managers). As the authors put it, ERISA is mostly concerned with process, not outcomes. The lesson for plan committees is plain: deference is powerful protection, and you get it by being able to show your work.
Court Decisions (1)
Retirement Plans (4)
The U.S. Department of Labor (the “DOL”) recently issued Technical Release 2026-02, providing guidance on whether certain Trump accounts established under Section 530A of the Internal Revenue Code and the One, Big, Beautiful Bill Act (“Trump Accounts”) and employer contribution programs to such accounts constitute employee benefit plans subject to ERISA.
Nearly three-quarters of workplace retirement plan participants would prefer to delegate retirement planning and investing decisions, while younger generations increasingly expect employers to provide guidance
CEOs send letter to Senate Banking Committee asking for movement on House-passed bipartisan bill that would finally permit access intended by SECURE 2.0
Trump Accounts launched on July 4, 2026. These special individual retirement accounts (IRAs) can help children under 18 build savings.
Case Commentary (3)
The Third Circuit’s decision in Johnson v. Quest Diagnostics, Inc. was a recent bright spot for ERISA litigation in a sea of mostly depressing news. The plaintiffs in the Quest case brought suit alleging that the retention of two underperforming actively managed funds in Quest’s 401(k) plan was a fiduciary breach.
Lawson granted judgment to a former automotive production worker whose ERISA-governed long-term disability benefits MetLife had terminated, holding that MetLife improperly denied the claim by applying the wrong plan definition of disability.
This month’s Friday Five discusses decisions (1) allowing a bad faith claim to proceed against a long-term disability insurer based on its handling of a claim for benefits, (2) enforcing a forum-selection clause in an ERISA plan against the plan’s insurers that were not parties to the plan, and more.