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ERISA Turns 40

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Washington, DCOn September 2, 1974, the Employee Retirement Income Security Act (ERISA) came into being. The point of ERISA benefits law was to ensure worker’s pensions were protected. ERISA has now turned 40, and employees who feel their ERISA rights and protections have been violated can file an ERISA lawsuit to protect their rights.

In the past 40 years, lawsuits concerning ERISA have been filed by employees and plan beneficiaries, alleging their employers and/or plan fiduciaries have violated ERISA laws. Meanwhile, recent changes to ERISA laws have strengthened the requirements for people who act as plan fiduciaries. As more ERISA lawsuits are filed, more sections of the act are being interpreted and reinterpreted.

Despite laws protecting ERISA plan assets, participants and beneficiaries still see situations in which fiduciaries either misunderstand the law or fail in their duties. In some cases, these failures can result in the value of a plan’s assets dropping by millions of dollars. In other cases, participants and beneficiaries argue that excessive fees or failure to properly invest the assets have negatively affected the pension and/or benefits plans.

One such lawsuit was recently revived by a US appeals court. That lawsuit (In re Lehman ERISA Litigation, 2nd US Circuit Court of Appeals, No. 11-4232) was filed by participants in a Lehman Brothers retirement plan. According to Reuters, the plaintiffs alleged plan officials breached their fiduciary duties by investing the plan in Lehman Brothers stock, despite the bank’s declining financial health.

The lawsuit was dismissed in 2011, based on a presumption of prudence when corporate officials allow retirement plans in company stock. A more recent case, however, resulted in a decision from the Supreme Court that the presumption of prudence is not extended to retirement plan investment lawsuits.

Among areas of ERISA litigation that remain highly contested are the fees charged to a plan - higher fees can substantially affect the value of a plan - with plaintiffs alleging fiduciaries have a duty to obtain lower fees.

An ERISA excessive fees lawsuit was filed against Fidelity, alleging Fidelity violated its ERISA responsibilities by allowing excessive fees to be charged to its plan. The lawsuit (Yeaw vs. FMR LLC, case number 14-10035) alleges the plan record-keeper received around $335 per plan participant per year when the plan could have been maintained for $10 per participant per year.

Although the focus of ERISA litigation may have changed in 40 years, employees are still able to file lawsuits to protect their rights and ensure their employers or their plan fiduciaries follow ERISA laws.

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READER COMMENTS

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GENTIL MR/MRS

FIRST AND FOREMOST THANKS FOR YOUR KINDLY ATTENTION...
I HAVE A PROBLEM IN TEXAS....
THE LEGAL PERSPECTIVE MIGHT BE:

MORAL DAMAGES
THE HISTORY OF THE CASE IS THIS:
IN 1986 I FINISHED MY CARRER OF LAW AT THE UNIVERSIDAD IBEROAMERICANA
IN MEXICO CITY AND I PRESENTED MY BARR EXAMINATION IN OCTOBER OF THE
SAME YEAR WITH THE SUBJECT ENTITLED “EL PROCEDIMIENTO ADUANERO,
ESTUDIO COMPARATIVO Y ANALITICO ENTRE LOS ESTADOS UNIDOS DE AMERICA Y
MEXICO” (CUSTOMS PROCEEDINGS, AN ANALISYS AND COMPARATIVE STUDY
BETWEEN THE UNITED STATES OF AMERICA AND MEXICO).

15 DAYS LATER, I WAS CONTRACTED IN MEXICO CITY BY A SWISS-GERMAN
VENTURE NAMED “HELVEX, S.A. DE C.V.” TO WORK IN THEIR BRANCH IN
DALLAS, TEXAS, NAMED “PROVEX, INTERNATIONAL DISTRIBUTORS” TO DEVELOPED
A MANAGERIAL POST.

BEING THAT, I WAS WORKING AT THE DALLAS BRANCH OF THE COMPANY, WHEN I
WAS MOVING A MIRROR THAT WAS ENSAMBLED AND PACKED, I SUFFERED A DISK
HERNIATION, AN ON SCOPE OF EMPLOYMENT INJURY THAT FINALLY WAS
DIAGNOSTICATED BY THE “PAIN CONTROL CLINIC” IN TURTLEE CREEK IN DALLAS
LIKE A LOW BACK PAIN OR DISK HERNIATION, AND THAT WAS THE REASON WHY
THE STAFF PERSONNEL OF THE COMPANY FORCE ME TO RETURN TO MEXICO CITY.

THE CONTRACT
WHERE AFTER MANY YEARS OF LITIGATION I PROBED MY CASE AND I WON THE
SUM AWARDED FOR WRONGFUL DISCHARGED AND AS WELL I OBTAINED A PENSION
FOR THE INJURY I SUFFERED IN DALLAS WORKING FOR THIS COMPANY,
“ON SCOPE OF EMPLOYMENT INJURY” I REFFERED HERE, THE SAME THAT IS PAID TO
ME BY THE INSTITUTO MEXICANO DEL SEGURO SOCIAL. EQUIVALENT OF THE
SOCIAL SECURITY OF THE UNITED STATES OF AMERICA. BUT IN MEXICAN PESOS

SO, IS THE CASE THAT I HIRED A LAWYER IN DALLAS TO SUED THE COMPANY
AND REPRESENT MY LEGAL INTEREST UPON THE TEXAS INDUSTRIAL ACCIDENT
BOARD (TIAB) WHERE WE OBTAINED AN AWARD, A LUMP SUM FOR ALMOST
$50,000.00 U.S. DLS., THAT THE INSURANCE COMPANY NEVER WANTED TO PAY
ME CAUSE NATIONWIDE MUTUAL FIRE INSURANCE COMPANY FILED AN APPEAL
UPOPN 44TH DALLAS DISTRICT COURT.

BUT MY LAWYER AFTER OBTAINNING THE AWARD UPON THE TIAB, DISOLVED THE
PROFETTIONAL RELATION THAT LINKED US AND RENOUNSE TO THE CAUSE ARGUING
THAT HE WAS NOT AN SPECIALIST IN APPEAL PROCEDURES, SO I HIRED ANOTHER
LAWYER FROM HOUSTON TO REPRESENT ME UPON THE COURT IN DALLAS, AND IS
THE CASE THAT “ON THE DATE OF JURY” “HE WAS A NO SHOW” AND THE
INSURANCE COMPANY MOVED FOR A “SUMMARY JUDGMENT”.

LOST WAGES
BUT THE QUESTION IS DERIVED FROM A LOST OF WAGES, CAUSE IN MEXICO,
THEY PAID ME IN MEXICAN PESOS AND I WAS CONTRACTED IN U.S. DOLARS, AND
I HAVE THE RIGHT TO BE PAID AS PART OF THE STAFF PERSONEL OF THE
COMPANY, THAT WOKS IN DALLAS AND ACCORDINGLY TO THE RAVENOUS ENTITLED
TO A PERSON THAT IS DEVELOPING THE SAME KIND OF JOB, OR THE SAME
POSITION AT THE TIME OF THE ACCIDENT THAT CAUSE THE PERSONAL INJURY I
SUFFER PREVIEW IN THE WORKER´S COMPENSATION LAW, BUT ELSE…
LOST WAGES & CIVIL DAMAGES.
THE CONTRACT IS THE SAME IN DALLAS AND IN MEXICO
MY RAVENOUS INCLUDED PERCENTAGES ON SALES FURTHER MORE THAN FIXED
WAGES AND TRAVELING EXPENSES, BONUS, GRATIFICATIONS, A CAR, A HOUSE,
FOOD AND PERSONAL EXPENSES FOR THE EXECUTIVE POSITION I WAS ASSIGNED,
FOR SEVERAL THOUSANDS DOLLARS THAT WERE SUPPOUSED TO BE PAID TO ME IN
A COMBINATION OF FIX WAGES AND/OR A VARIABLE ELEMENTS OF MY WAGES
PAID WEEKLY, MONTHLY OR ON THE CLOSE OF THE OPERATIONS IN AN AVERAGE
OF THE WAGES PAID TO THE STAFF PERSONEL OF THE INCORPORATION…

BUT THEY NEVER PAID ALL THIS WAGES ACCORDING TO THE PROMISE AN
ELEMENTS OF THE CONTRACT WHEN I WAS HIRED SO WE HAD TO GO TO THE
NATIONAL COMPTROLLER SO THIS WILL BE A CASE OF LOST WAGES, BUT MORE
THAN THAT, A CASE THAT FALLS IN THE FIELD OF TRIAL PRACTICE WERE WE
CAN SUED THE INSURANCE COMPANY FOR CIVIL AND MORAL DAMAGES, PUNITIVE
DAMAGES AND A TORT FOR THE CONSOLIDATION THAT IS DERIVED FROM THE
ANTISOCIAL RECKLESSNESS OF THE REPRESENTATIVES OF THE INSURANCE
COMPANY AND THE COMPANY THAT HIRED ME IN MEXICO CITY…

PENAL
THE CASE IS THAT SINCE LATE 70´S I HAVE SUFFERED THE TREAT AND
MOLESTING, DISPLACEMENT OF MY CAUSE BY THESE HEGEMONIC GROUPS AND
WRONGDOERS THAT ABUSE MY CONSTITUTIONAL GARANTIES, HUMAN RIGHTS AND
FUNDAMENTAL FREEDOMS IN MEXICO, IN AMERICA AND OTHER COUNTRIES OF THE
WORLD…

A TORT CLAIM
Was contracted in Mexico by a Swiss-German venture, ON SCOPE OF
EMPLOYMENT, I suffered a personal injury, while working in Dallas as a
manager and thereafter, obtained upon the TIAB board, an award for
FIFTHY thousand dollars, but the insurance company filed a summary
judgment, and my lawyer was a "no show" on THE DAY OF THE JURY and
then filed a Bill of Review but never received due payments from such
ruling and no other U.S. laws,

TRIAL PRACTICE
There may be a case in the penal field for the unreasonable attitude
of the representatives of the insurance company and a presumably
consolidation with the staff personnel of the construction company I
was working for and my representative. Then, also there was a case,
that they changed suddenly the court and the judge, so this may be
also a tort. May be the venue would be trough an appeal or a state
court case or even more than that, an HABEAS CORPUS.

GENERAL INFORMATION
IN 1986 I FINISHED MY CARRER OF LAW AT THE UNIVERSIDAD IBEROAMERICANA
IN MEXICO CITY AND I PRESENTED MY BARR EXAMINATION IN OCTOBER OF THE
SAME YEAR WITH THE SUBJECT ENTITLED “EL PROCEDIMIENTO ADUANERO,
ESTUDIO COMPARATIVO Y ANALITICO ENTRE LOS ESTADOS UNIDOS DE AMERICA Y
MEXICO” (CUSTOMS PROCEEDINGS, AN ANALISYS AND COMPARATIVE STUDY
BETWEEN THE UNITED STATES OF AMERICA AND MEXICO).

15 DAYS LATER, I WAS CONTRACTED IN MEXICO CITY BY A SWISS-GERMAN
VENTURE NAMED “HELVEX, S.A. DE C.V.” TO WORK IN THEIR BRANCH IN
DALLAS, TEXAS, NAMED “PROVEX, INTERNATIONAL DISTRIBUTORS” TO DEVELOPED
A MANAGERIAL POST.

BEING THAT, I WAS WORKING AT THE DALLAS BRANCH OF THE COMPANY, WHEN I
WAS MOVING A MIRROR THAT WAS ENSAMBLED AND PACKED, I SUFFERED A DISK
HERNIATION, AN ON SCOPE OF EMPLOYMENT INJURY THAT FINALLY WAS
DIAGNOSTICATED BY THE “PAIN CONTROL CLINIC” IN TURTLEE CREEK IN DALLAS
LIKE A LOW BACK PAIN OR DISK HERNIATION, AND THAT WAS THE REASON WHY
THE STAFF PERSONNEL OF THE COMPANY FORCE ME TO RETURN TO MEXICO CITY.

A PENSION
AFTER MANY YEARS OF LITIGATION I PROBED MY CASE AND I WON THE
SUM AWARDED FOR WRONGFUL DISCHARGED AND AS WELL I OBTAINED A PENSION
FOR THE INJURY I SUFFERED IN DALLAS WORKING FOR THIS COMPANY, “ON
SCOPE OF EMPLOYMENT INJURY” I REFFERED HERE, THE SAME THAT IS PAID TO
ME BY THE INSTITUTO MEXICANO DEL SEGURO SOCIAL. EQUIVALENT OF THE
SOCIAL SECURITY OF THE UNITED STATES OF AMERICA.

BUT IS THE CASE THAT I HIRED A LAWYER IN DALLAS TO SUED THE COMPANY
AND REPRESENT MY LEGAL INTEREST UPON THE TEXAS INDUSTRIAL ACCIDENT
BOARD (TIAB) WHERE WE OBTAINED AN AWARD, A LUMP SUM FOR ALMOST
$50,000.00 U.S. DLS., THAT THE INSURANCE COMPANY NEVER WANTED TO PAY
ME CAUSE NATIONWIDE MUTUAL FIRE INSURANCE COMPANY FILED AN APPEAL
UPOPN 44TH DALLAS DISTRICT COURT.

BUT MY LAWYER AFTER OBTAINNING THE AWARD UPON THE TIAB, DISOLVED THE
PROFETTIONAL RELATION THAT LINKED US AND RENOUNSE TO THE CAUSE ARGUING
THAT HE WAS NOT AN SPECIALIST IN APPEAL PROCEDURES, SO I HIRED ANOTHER
LAWYER FROM HOUSTON TO REPRESENT ME UPON THE COURT IN DALLAS, AND IS
THE CASE THAT “ON THE DATE OF JURY” “HE WAS A NO SHOW” AND THE
INSURANCE COMPANY MOVED FOR A “SUMMARY JUDGMENT”.

BEING THAT IT IS TO MENTIONED I HAVE LEARN ABOUT YOU, AND YOUR
PROFESSIONAL PRACTICE WITH SO MUCH PRIDE THAT YOU HAD SPECIAL MENTIONS
AND AWARDS FOR YOUR SPECIAL INTEREST TO APPALEATING THE CAUSE OF THE
SPANISH SPEACKING POPULATION IN AMERICA AS WELL AS TO COOPERATED
WITH THE CITY POLICE AND THE REPRESENTATIVES IN AFFAIRS THAT YOU KNOW
FALL IN THE FIELD OF HUMANITARIAN LAW AND THE FIRST AMENDMENT LAWYERS.


Brief description of the legal issue:
Have a summary judgment in 44th Dallas District Court...
Was contracted in Mexico by a Swiss-German venture, ON SCOPE OF
EMPLOYMENT,

PERSONAL INJURY
I suffered a personal injury, while working in Dallas as a
manager and thereafter, obtained upon the TIAB board, an award for
FIFTHY thousand dollars, but the insurance company filed a summary
judgment, and my lawyer was a "no show" on THE DAY OF THE JURY and
then filed a Bill of Review but never received due payments from such
ruling and no other U.S. laws,

THE CASE IS THAT I HAD TO COME BACK TO MEXICO AND GO TO THE IMSS
(NATIONAL SECURITY IN MEXICO) where after litigation I received a
pension that is not even the 10% of what they should pay me for a
similar job I developed the day of the accident in the branch in
Texas...

BUT THE SAME CONTRACT HAS BEEN TRACKED SO AM RECIVING A PENSION FROM
THAT SAME COMPANY THAT CONTRACTED ME AND THE SAME FACKT THAT AROUSE IN
ON SCOPE OF EMPLOYMENT INJURY

There may be a case in the penal field for the unreasonable attitude
of the representatives of the insurance company and a presumably
consolidation with the staff personnel of the construction company I
was working for and my representative. Then, also there was a case,
that they changed suddenly the court and the judge, so this may be
also a tort. May be the venue would be trough an appeal or a state
court case or even more than that, an HABEAS CORPUS.
The style and manner of the FINAL JUDGMENT are as follows:

NATIONWIDE MUTUAL FIRE
INSURANCE COMPANY
VS.
JOSE DOMINGO TENREIRO GIRON
IN THE DISTRICT COURT OF
DALLAS COUNTY, TEXAS
44TH JUDICIAL DISTRICT COURT
CAUSE No. 88-5019-B

LAST YEAR, I tried to hire a lawyer, I talked to TODD A. DOLGINOFF
about it, and he told me that he could only represent individuals
during their Texas Department of Insurance Division of Workers'
Compensation claim and that: "Per your email below, you have a “state
court case”. Therefore, I cannot represent you nor would I give you
advice about a state court case. I think you need to find a personal
injury attorney." But then, when I was trying to hire a lawyer in
Dallas to take care of this legal business, he gave information that
is not consistent with the cited: He told me that "after review the
Dallas County Records” it shows a case named:

JOSE DOMINGO TENREIRO GIRON
VS.
PROVEX INTERNATIONAL DISTRIBUTORS
Case No. 88 – 14386

What makes me think that these unreasonable facts may fall although in
the case of penal field?

CIVIL DAMAGES
The history of the case is this:
In 1986 I finished my career of law at THE UNIVERSIDAD IBEROAMERICANA
in Mexico City and presented my Barr examination in October of the same year with the
subject entitled:

“EL PROCEDIMIENTO ADUANERO, ESTUDIO COMPARATIVO Y ANALITICO ENTRE LOS
ESTADOS UNIDOS DE AMERICA Y MEXICO” (CUSTOMS PROCEEDINGS, AN ANALISYS
AND COMPARATIVE STUDY BETWEEN THE UNITED STATES OF AMERICA AND
MEXICO).

Days later, I was contracted in Mexico City by a Swiss-German venture named “Helvex, S.A. de C.V.” to work in their branch in Dallas, Texas, named “Provex, International Distributors” to develop a managerial post. Being that, while I was working at the Dallas branch of the
company, when I was moving a mirror that was ensemble and packed,
I suffered a disk herniation,

ON SCOPE OF EMPLOYMENT INJURY
I SUFFERED A DISK HERNIATION.That finally was diagnosticated by the“pain control clinic” in Turtle Creek AND THE PRESBITERIAN HOSPITAL in Dallas like a low back pain or disk herniation, and that was the reason why the staff personnel of the company force me to return to Mexico city where after many years of litigation I probed my case and I won the sum awarded for

WRONGFUL DISCHARGED and obtained a pension for the injury suffered in Dallas working for
this company; “on scope of employment injury” I referred here, the same that is paid to me by the INSTITUTO MEXICANO DEL SEGURO SOCIAL,until now from the same labour contract by
the equivalent of THE SOCIAL SECURITY OF THE UNITED STATES OF AMERICA.
But is the case that I hired a lawyer in Dallas to sue the company and
represent my legal interest upon the TEXAS INDUSTRIAL ACCIDENT BOARD
(TIAB) where we obtained an award, a lump sum for almost $50,000.00
U.S. DLS., That the insurance company never wanted to pay me cause
nationwide mutual fire insurance company filed an appeal upon 44TH
DALLAS DISTRICT COURT.

APPEAL
But my lawyer after obtaining the award upon the TIAB, dissolved the
professional relationship that linked us and renounce to the case
arguing that he was not a specialist in appeal procedures, so I hired
another lawyer from Houston to represent me upon the court in Dallas,
and is the case that “on the date of jury” “he was a no show” and
the insurance company moved for a “SUMMARY JUDGMENT”.
But the question is derived from a lost of wages, cause in Mexico,
they paid me in MEXICAN PESOS and I was contracted in u.s. dollars, and

THE CONTRACT IN USA
I have the right to be paid as part of the staff personnel of the
company, that works in Dallas and accordingly to the ravenous entitled
to a person that is developing the same kind of job, or the same
position at the time of the accident that cause the personal injury I
suffer preview in the workers´ compensation law, but
My ravenous included percentages on sales further more than fixed
wages and travelling expenses, bonus, gratifications, a car, a house,
food and personal expenses for the executive position I was assigned,
for several thousand dollars that were supposed to be paid to me in a
combination of fix wages and/or a variable element of my wages paid
weekly, monthly or at the close of the operations in an average of the
wages paid to the staff personnel of the incorporation.

A VIOLATION OF THE CONTRACT
But they never paid all this wages according to the promise an
elements of the contract when I was hired so we had to go to the
national comptroller so this will be a case of lost wages, but more
than that, a case that falls in the field of trial practice where we
can sued the insurance company for civil and moral damages, punitive
damages and a tort for the consolidation that is derived from the
antisocial recklessness of the representatives of the insurance
company and the company that hired me in Mexico City…

JURISDICTION
I WOULD LIKE TO ATRACKT THIS LEGAL AFFAIR TO YOUR JURISDICTION, so if
you decided to take action about this legal affair you can reach me at:
GENERAL INFORMATION:

NAME: JOSE DOMINGO TENREIRO GIRON
ADRESS: TEPIC # 25 DEPTO. 5
COL. ROMA SUR
SUBDELEGACION ROMA-CONDESA
DELEGACION CUAUHTEMOC
CIUDAD DE MEXICO, DISTRITO FEDERAL.
CELL: 044.55.67.37.36.28
HOUSE PHONE: 52.55.6235.6381
E-MAIL: jtgiron@gmail.com
nico@tenreiro.com
www.tenreiro.com.mx

FOR YOUR “KINDLY ATTENTION” MANY THANKS…

LIC. JOSE DOMINGO TENREIRO GIRON

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