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7 Nov 2019, 3:34 am
[Disclosure: The author of this post represented the plaintiffs in Fifth Third Bancorp v. [read post]
9 Dec 2013, 7:46 pm
§§ 1681-1681x, bars enforcement of all state private rights of action against persons who furnish false information to consumer reporting agencies. [read post]
16 Sep 2008, 11:00 am
Employee ERISA cases against lenders, management firms, home builders and securities issuers alleging ERISA violations that damaged retirement plans. [read post]
5 Jul 2022, 9:01 pm
ERISA. [read post]
9 Dec 2020, 9:01 pm
This is best done by both redressing the plaintiff’s legal injury arising from provision A and also by considering whether to hold inseverable and thus annul the future enforceability of any and all provisions B-Z that the court believes Congress would not have wanted to stand without A.And if the court views the separation of powers risks arising from full severance as an appropriate remedial concern, it follows that the court can address these risks now based on the… [read post]
12 Sep 2021, 5:54 am
The jury found that McHugh had either performed or been excused from performing all conditions necessary for Protective Life to pay the death benefit, but nevertheless found against plaintiffs and in favor of Protective Life on both claims for breach of contract and insurance bad faith. [read post]
26 Jun 2019, 3:24 pm
That’s all for October Term 2018. [read post]
25 Jan 2013, 12:41 pm
Connelly had nine years of teaching experience, all in Maryland. [read post]
3 Nov 2009, 5:14 pm
Yet another was ERISA and related changes to the tax code commencing in the early 1970s, all of which were meant to encourage more retirement investment on the part of baby-boomers now well ensconced in the work force. [read post]
1 Aug 2007, 3:27 pm
(Plaintiff's proposed class covered all California residents whose policies were rescinded based on alleged misrepresentations in their applications, but excluded any policyholders whose policies were covered by ERISA.) [read post]
13 Sep 2012, 8:44 am
This is because there are several key takeaways from this case, some specific to long term disability cases and others, even more important, to ERISA litigation in general. [read post]
23 Jan 2008, 3:45 am
Construing the complaint liberally in Plaintiffs' favor, the Kirks' allegations regarding Heppt's failure to thoroughly investigate Daniel's ERISA plan and exhaust all administrative remedies prior to filing suit may constitute negligence However, the Kirks have not sufficiently alleged proximate cause to withstand a motion to dismiss. [read post]
6 Dec 2011, 3:27 am
As discussed here, Merrill had previously settled the subprime-related securities lawsuit brought by its shareholders for $475 mm, and had also settled the related ERISA lawsuit for $75 million. [read post]
2 Aug 2011, 7:16 am
" The Plaintiffs: Plaintiffs mount parallel attacks on E&Y's statements in the 10-K and the 10-Qs. [read post]
3 Aug 2021, 6:59 pm
Fiduciaries also can face civil liability from the Employee Benefit Security Administration and private plaintiffs. [read post]
6 Mar 2014, 3:21 am
The case at issue involves the mutual fund industry, where nearly all individual funds "are structured so that they have no employees of their own but are managed by independent investment advisors. [read post]
27 Jul 2021, 11:44 am
In this and the other aspects of pretrial discovery, having representation from an experienced litigator can make all the difference. [read post]
17 Oct 2017, 2:56 pm
Remember, in an ERISA case, an insurance company does not have to show the court that it made the correct decision; only that its decision was not “arbitrary and capricious. [read post]
5 Apr 2016, 10:51 am
January 12, 2016) (consumer class action on behalf of Mecklenburg County residents alleging defendants improperly obtained, released, and sold plaintiffs’ private driving records without express consent from the plaintiffs). [read post]
17 Oct 2017, 2:56 pm
Remember, in an ERISA case, an insurance company does not have to show the court that it made the correct decision; only that its decision was not “arbitrary and capricious. [read post]
