January 13, 2008
U.S. Supreme Court Rejects Claims of Preemption Under Clean Water Act in Exxon Valdez Case.
Written by Steve Herman
January 13, 2008
Divided Supreme Court Allows the Kent Decision to Stand.
Written by Steve Herman
January 13, 2008
U.S. Supreme Court Holds that Claims for Defective Medical Devices Are Preempted Where Device Undergoes Pre-Market Approval Process.
Written by Steve Herman
January 13, 2008
U.S. House of Representatives Unanimously Rejects Preemption under Consumer Product Safety Act.
Written by Steve Herman
January 13, 2008
Second Circuit Court of Appeals Refines Abuse of Discretion Standard in Light of Glenn.
Written by Steve Herman
January 13, 2008
Third Circuit Allows Employee to Maintain Equitable Estoppel Action for Restitution of Promised Benefits under Section 502(a)(3).
Written by Steve Herman
January 13, 2008
Seventh Circuit Affirms Trial Court’s Rejection of Breach of Fiduciary Claims by Trust Against Third-Party Administrator.
Written by Steve Herman
January 13, 2008
U.S. Supreme Court Addresses the Role of Inherent Conflict in Level of Deference to be Accorded Plan Administrator.
Written by Steve Herman
January 13, 2008
U.S. Fourth Circuit Affirms Both Statutory and Article III Standing of Former Cashed Out Employees Who Remain “Participants” in Defined Contribution Benefit Plans.
Written by Steve Herman
January 13, 2008
U.S. Supreme Court Allows 502(a)(2) Action for Fiduciary Breach to Recover Losses to Participant’s Portion of 401(k) Plan.
Written by Steve Herman