In Lane Construction Corporation v. Skanska USA Civil Southeast, Inc., et al., ___ F.4th ___, 2026 WL 1018146 (11th Cir. April 15, 2026) the Eleventh Circuit rejected Lane Construction’s attempt to avoid millions in losses related to its involvement in a $2.3 billion construction project, finding that that Lane’s breach of fiduciary duty allegations were…
Author: Claire Scavone
Insurance Company Providing 401(k) Retirement Plans Not an ERISA Fiduciary with Respect to Foreign Tax Credits from Mutual Fund Shares
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,…
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…