Richard Siegel

A district court found that a claim seeking restitution to the plan for losses incurred as a result of a breach of a fiduciary duty under ERISA has the right to a jury trial. This will be an important issue to follow as the creation of a right to a jury trial could fundamentally alter the nature of ERISA litigation.

Taken to its extreme, the case could be interpreted as effectively foreclosing participant claims based upon how a well-funded defined benefit pension plan is invested.

A court recently upheld Whirlpool’s right to change retiree medical benefits for former Maytag employees whose collective bargaining agreement had expired.