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9 Aug 2010, 4:00 am
That, after all, is why tomatoes are vegetables. [read post]
16 Nov 2018, 8:32 am
” The Court concluded that all of these factors weighed against Sedgwick, and its decision-making process did not “hold water. [read post]
9 Jan 2024, 1:15 pm
” Plaintiffs’ law firms continue to make information demands under ERISA to many companies, and numerous plaintiffs’ firms with no prior record of involvement in this space have recently shown up threatening litigation. [read post]
5 Oct 2015, 7:26 am
See, for instance, my early article on excessive fee litigation under ERISA, which predicted that early defense rulings would eventually give way to favorable plaintiff rulings; to capture that idea of fortune shifting from one side to the other, I borrowed, for the article’s title, the American Civil War concept of the high water mark, which was the furthest point north that the Confederacy advanced into Pennsylvania before the tide turned on the Confederacy once and for… [read post]
5 Jun 2007, 1:20 pm
Indeed, after "clear[ing] a lot of brushwood" on the standing issue, the second half of the opinion deals with all kinds of merits issues including an analysis of how damages should be calculated in ERISA actions, speculation about whether the plaintiffs' theory of liability will hold water, and even an aside on whether the plaintiffs have a claim for securities fraud against the defendant. [read post]
2 Dec 2013, 8:46 am
Plaintiffs rarely succeed with these claims, but this litigation is expensive. [read post]
3 Dec 2021, 1:26 pm
April Hughes and the other plaintiffs – all current or former employees of Northwestern – present this as a simple case asking the justices to apply normal pleading rules. [read post]
11 Aug 2014, 2:51 pm
All of these points were problematic for RJR, and the result is that their failure of procedural prudence was the fiduciary breach that allowed plaintiffs to move the analysis to the causation stage and lead to the discussion of the correct fiduciary standard to apply. [read post]
27 Mar 2015, 1:21 pm
Dudenhoeffer, with its rejection of the Moench presumption, may have signaled to lower courts the need to decide all breach of fiduciary duty cases on their merits and not on the creation of legal presumptions or judicial assumptions based on sources beyond the ERISA statute itself or the evidence in a given case. [read post]
20 Mar 2009, 5:39 am
In re Lehman Brothers Holdings, Inc., Securities & Employee Retirement Income Security Act (ERISA) Litig., ___ F.Supp.2d ___ (Jud.Pan.Mult.Lit. [read post]
3 Mar 2020, 8:28 am
The memo points out that all the alleged conduct occurred during the period between 2010 and 2013 when the plaintiffs’ counsel’s clients served on the Advisory Committee. [read post]
14 Jan 2016, 8:13 am
It’s what ERISA requires. [read post]
31 Oct 2007, 6:14 pm
The class of plaintiffs includes more than 20,000 current and former drivers, who had signed operating contracts declaring them to be contractors. [read post]
12 Mar 2010, 6:48 am
ERISA Litig. [read post]
24 May 2010, 1:11 pm
All summaries are produced by Findlaw May 24, 2010. [read post]
21 Sep 2013, 8:36 am
Informative, interesting, and a MUST for all trial attorneys. [read post]
24 Oct 2008, 3:28 pm
Turns out it didn’t even do so in the LaRue case itself, which, now on remand at the trial court level, has been voluntarily dismissed by the plaintiff to avoid the expense of litigating the case. [read post]
9 May 2012, 12:48 pm
The former directors and officers, despite the fact that each of them, if the settlement were approved, would pay nothing, yet would be released from all claims that were or might have been asserted against them in this action. [read post]
14 Jan 2025, 6:14 am
This case underscores the importance of comprehensive medical documentation and highlights the judicial scrutiny applied to insurer denials under ERISA, emphasizing the necessity for insurers to engage in a thorough and unbiased review of all evidence presented. [read post]
18 Jun 2010, 12:14 pm
In Sterio, the plaintiff Barabara Sterio, sought long term disability benefits under an ERISA benefits plan sponsored by her former employer, Diabetes Well. [read post]
