Search for: "IN RE ADMINISTRATIVE PLANS FOR CIRCUIT COURTS AND DISTRICT COURTS"
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24 Jul 2020, 2:27 pm
May 6, 2020), the district court provided a helpful analysis as to when an award or re-instatement of benefits is appropriate. [read post]
12 Feb 2023, 4:00 pm
Court of Appeals for the Federal Circuit, Feb. 1st, 2023, In Re: Google LLC, Docket No. 2023-101) [read post]
1 Mar 2023, 4:23 pm
Brown, the second case concerning the Biden Administration’s student loan forgiveness plan, the question arose whether it is proper for a single district or circuit court to impose a nationwide injunction against a federal policy where doing so is not necessary to provide complete relief to the parties before the court. [read post]
29 Jun 2011, 7:13 am
In In re Monroy, the Ninth Circuit affirmed a 2010 decision by its Bankruptcy Panel upholding repayment plans of four debtors (who had four different lender-creditors). [read post]
18 Sep 2012, 8:20 am
In In re Philadelphia Newspapers, LLC, the Third Circuit held that the United States District Court for the Eastern District of Pennsylvania abused its discretion when summarily finding that the appeal at issue was equitably moot simply because the appellants failed to seek a stay and the debtors’ plan had been substantially consummated. [read post]
21 Jan 2010, 12:59 pm
Arguing for the petitioners (Xerox's ERISA plan administrators), Robert Long contended that Second Circuit "got it backwards" when it afforded deference to the district court's - but not the Plan Administrator's - interpretation of the company's ERISA plan. [read post]
23 Sep 2019, 8:15 am
We asked the district court to enter a preliminary injunction that would prevent the Trump administration’s new rule from going into effect. [read post]
24 Apr 2010, 6:41 am
Deeming the Second Circuit’s approach a “one strike and you’re out approach,” the Court characterized the lower court’s decision as inconsistent with the purposes of ERISA, the terms of the plan, and the principles of trust law. [read post]
14 Nov 2019, 2:31 pm
Circuit Court of Appeals agreed, finding that the administration’s policy “functions as an across-the-board ban on access to abortion” for pregnant immigrant minors. [read post]
22 Apr 2010, 10:52 am
The Second Circuit affirmed saying the district court could refuse to apply the deferential standard. [read post]
2 Mar 2023, 11:50 am
The Fourth Circuit joined the Third and Eleventh Circuits in finding that “registration” includes the initial registration as well as subsequent re-registrations. [read post]
12 Jul 2010, 4:29 pm
Schering Corp., 2010 WL 2669304 (2nd Cir., July 06, 2010), the Court affirmed a District Court order denying the defendant's motion for summary judgment on the outside sales exemption. [read post]
5 Feb 2009, 2:53 pm
Court of Appeals for the 9th Circuit on February 4, judges of the court ruling on internal grievances filed by employees of the judicial branch within the 9th Circuit ordered the court administrators to process requests that same-sex spouses of the employees be included in the federal benefits plan governing their employment. [read post]
30 Jul 2010, 4:06 am
Less than a month after the Second Circuit held that pharmaceutical representatives, who performed typical marketing duties, were non-exempt and entitled to overtime pay, a District Court in New Jersey reminds us that the Third Circuit disagrees, and believes that pharma reps are administrative exempt. [read post]
28 Mar 2016, 7:50 pm
The court affirmed the judgment of the Court of Civil Appeals in case no. 2140042 because the Chesnuts’ administrative appeal was barred by the doctrine of res judicata. [read post]
22 Apr 2010, 6:13 am
The district court granted summary judgment for the plan, but the Second Circuit held that this interpretation was unreasonable and proper notice was not provided, and remanded the case to the district court. [read post]
2 Jul 2013, 1:04 pm
The Federal Circuit went on to explain that the 2007 validity decision does not count as a final decision for res judicata purposes because it did not conclude the case as a whole. [read post]
24 Mar 2015, 10:23 am
The Ninth Circuit agreed with this analysis and affirmed the District Court’s decision. [read post]
28 Feb 2018, 4:00 am
A disability plan participant’s state-law privacy lawsuit against the plan’s claims administrator was dismissed by a federal district court, which found it was preempted by the Employee Retirement Income Security Act (ERISA). [read post]
28 Feb 2018, 4:00 am
A disability plan participant’s state-law privacy lawsuit against the plan’s claims administrator was dismissed by a federal district court, which found it was preempted by the Employee Retirement Income Security Act (ERISA). [read post]
