North Carolina Lawyers Weekly

Apr 21, 2026

4th Circuit affirms dismissal of ERISA claims against Merrill Lynch

Merrill Lynch‘s WealthChoice Award program does not qualify as an “employee pension benefit plan” under the Employee Retirement Income Security Act of 1974 (ERISA), the 4th U.S. Circuit Court […]

Mar 13, 2026

Untimely ERISA appeal decision forfeits deferential review

The 4th U.S. Circuit Court of Appeals held that a disability-plan administrator that failed to timely decide an ERISA appeal could not claim deferential judicial review of its benefits decision. […]

Jan 20, 2026

ERISA monthly annuity may be docked for ex-spouse payment, 4th Circuit says

A retirement plan administrator correctly interpreted the language of the plan when it reduced a former employee’s monthly annuity payment to cover the cost of the “qualified joint survivor […]

Apr 17, 2025

Supreme Court refines pleading standard in ERISA cases

Current and former employees of Cornell University, who claimed the administrator of their retirement plans violated §1106(a)(1)(C) of the Employee Retirement Income Security Act by causing the plans to engage […]

Jan 3, 2024

As bankruptcies rise, safeguards protect employee benefits

By J.J. Conway Inflation, a tight labor market, high interest rates, ongoing supply chain issues and changing consumer trends have been identified as factors contributing to a significant uptick in […]

Jan 24, 2019

Duke University settles $10.65M ERISA claim

Duke University has agreed to settle a federal Employment Retirement Income Security Act claim brought by employees for $10.65 million, a lawyer for the plaintiffs reports. Jerry Schlichter of […]

Jan 16, 2019

BB&T settles ERISA claim for $24M

Winston-Salem-based banking company BB&T has agreed to settle an Employee Retirement Income Security Act claim brought by its employees for $24 million, an attorney for the plaintiffs reports. Jerry […]

Aug 30, 2017

Civil Practice – Venue – Labor & Employment – ERISA

Ravin v. Tyndall Federal Credit Union (Lawyers Weekly No. 004-019-17, 16 pp.) (Max Cogburn Jr., J.) 1:17-cv-00146; W.D.N.C. Holding: Although ERISA gives this court personal jurisdiction over the Florida defendants, […]

May 11, 2017

RJR nets big ruling in employees’ ERISA suit

Like the noxious vapors left behind by a passing smoker, the litigation between R.J. Reynolds Tobacco and 3,500 of its current and former employees has lingered longer than anyone would […]

Mar 3, 2016

Labor & Employment – ERISA – 401(k) Plan – Stock Divestment – Post De-Merger

Tatum v. R.J. Reynolds Tobacco Co. (Lawyers Weekly No. 003-006-16, 65 pp.) (N. Carlton Tilley Jr., J.) 1:02-cv-00373; M.D.N.C. Holding: Despite the imprudent decision-making process that led the RJ Reynolds […]

Nov 30, 2015

Labor & Employment – ERISA – Preemption – Severance Contract – Health Care Costs – Statute of Limitations

Stevens v. E.I. DuPont de Nemours & Co. (Lawyers Weekly No. 15-02-1079, 11 pp.) (James Dever III, C.J.) 5:15-cv-00257; E.D.N.C. Holding: Plaintiff contends that his state-law fraud, constructive fraud and […]

Sep 11, 2015

Insurance – Long-Term Disability – ERISA – Labor & Employment – Date Last Worked

Wilkinson v. Sun Life & Health Insurance Co. (Lawyers Weekly No. 15-04-0875, 37 pp.) (Richard Voorhees, J.) 5:13-cv-00087; W.D.N.C. Holding: After abandoning two other justifications for terminating plaintiff’s long-term disability […]