In Romano v. John Hancock Life Insurance, 120 F.4th 729 (Oct. 30, 2024), the Eleventh Circuit held that an insurance company providing investment and record keeping services is not an ERISA fiduciary as it relates to the application and retention of foreign tax credits. John Hancock provided investment and recordkeeping services to 401(k) retirement plans,…
Author: Claire Scavone
Colorado River Abstention Puts Foreclosure-Related Federal Case On Hold
Eliezer and Valeria Taveras are parties to a series of lawsuits in Florida state court, all concerning real property located in Kissimmee, Florida. In 2008, the property was the subject of an unsuccessful foreclosure action involving the Christiana Trust. Subsequently, the Taverases sought a declaration, also in Florida state court, that the mortgage on the…
Insurers’ Reservation of Rights Letter Did Not Create Right to Reimbursement
Winder Laboratories and Steven Pressman were insured by Continental Casualty Company and Valley Forge Insurance Company when Winder and Pressman were sued by Concordia Pharmaceuticals Inc. for allegedly “falsely or misleadingly advertis[ing] their [products] . . . as generic equivalents to Concordia’s product.” The insureds sought coverage under the insurers’ policies, both of which included…