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“Now Trending: Litigation of Interference and Retaliation Claims Under ERISA Section 510,” DRI ERISA Report

May 12, 2015
Sarah J. Delaney

“In the current landscape, Section 510 claims are not only being tacked onto other claims, including wrongful discharge, age, gender, and disability discrimination claims and whistleblower actions, but are being used by defendants as a vehicle to convert state and other federal claims into Section 510 claims through ERISA’s preemption doctrine,” writes Sarah J. Delaney, partner in Goldberg Segalla’s Global Insurance Services Practice Group.

“This has an impact on issues ranging from change of venue to limiting the type and extent of recoverable damages. Additionally, Section 510 claims have been successfully brought against individuals including company managers and executives in addition to claims against the employer.”

In this article, Sarah highlights the current trends in litigation arising under Section 510 of the Employment Retirement Income Security Act, with a focus on the issues being raised and decided by the courts and analysis of key differences in the treatment of these claims throughout the circuit courts.

Read the article here: