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What's New in the Courts

February 8, 2026

U.S. Ninth Circuit Finds that a Court Has Authority under Rule 23(d) to Invalidate a Defendant’s Mandatory Arbitration Policy Instituted after the Filing of Class Action

Written by Steve Herman
February 8, 2026

ABA Issues Formal Opinion regarding the Obligation to Provide Information to a Former Client

Written by Steve Herman
February 8, 2026

U.S. Eleventh Circuit Orders Law Firm to Produce Information Regarding Their Client-Solicitation Efforts

Written by Steve Herman
January 7, 2026

U.S. Fifth Circuit Holds that Plan Sponsor May Sue Third-Party Administrator of Welfare Benefit Plan Under ERISA for Mismanagement of Plan and Breach of Master Services Agreement, Reconfirming Distinction Between Actions Against Fiduciaries and Non-Fiduciaries

Written by Steve Herman
January 7, 2026

U.S. Fifth Circuit Denies Attorneys’ Fees to ERISA Participant Who Was Precluded from Recovering the Review and Benefits to which He Was Entitled by Failing to Timely Appeal

Written by Steve Herman
December 13, 2025

U.S. Fifth Circuit Confirms that Adequate Representation Can Exist Even Where Some Classmembers Might Fall Into More than One Subclass

Written by Steve Herman
December 13, 2025

Arizona Adds Guidance to Rule 3.3 Comments Regarding Potential “Deep Fakes”

Written by Steve Herman
December 13, 2025

New Jersey District Court Throws Out PBM-Related Breach of Fiduciary Duty Claims Against Plan Trustees for Lack of Article III Standing

Written by Steve Herman
December 13, 2025

U.S. Eleventh Circuit Reverses Insurer’s “Pre-Existing Condition” Denial of Disability Benefits

Written by Steve Herman
December 8, 2025

ABA Issues Formal Opinion on the Disclosure Permitted, and Not Permitted, Upon Withdrawal from Representation

Written by Steve Herman