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21 Nov 2007, 7:46 am
I suspect that LaRue will present an early example of the Court accepting that the statutory language in ERISA that remains open to differing interpretations should be understood as transferring at least some of the administration risk inherent in the world of 401(k) plans from the individual saver and onto the party in the best position to avoid the risk, namely the administrator. [read post]
8 Feb 2008, 4:22 pm
Patent attorney Jill Browning attended today’s Tafas v. [read post]
23 Apr 2020, 9:32 am by Eric Goldman
Nevertheless, the magistrate instead wants to see an early summary judgment motion on this topic. [read post]
8 May 2019, 3:00 pm by Kevin LaCroix
In an early mediation, the parties have not done damages discovery or rigorous analysis – much less the work required to analyze price-impact issues under the Supreme Court’s 2014 decision in Halliburton Co. v. [read post]
13 Oct 2019, 7:39 pm by Dennis Crouch
Denmead, 56 U.S. 330 (1853) is cited as an early doctrine of equivalents (DOE) case, although I see it also as an early claim construction decision. [read post]
5 Mar 2018, 12:49 pm
Nothing in the plain language of the agreement suggested that the Franchisees were entitled to rolling renewals, nor does the agreement allow the Franchisees to point to any prior practice of granting rolling renewals as an indication that JAB was obligated to offer rolling renewals in this present case. 2) In Calomiris v. [read post]
17 Jul 2012, 5:50 am by JB
Here are the questions I've put together for teaching The Health Care Cases, NFIB v. [read post]
22 Jun 2022, 6:27 am by Second Circuit Civil Rights Blog
The Court throws in some language about how qualified immunity is often inappropriate at the motion to dismiss stage.The case is Sabir v. [read post]