January 13, 2006
Second Circuit Requires SPD to Provide Sufficient Notice to Participants with respect to their Burden to Establish a Claim for Additional Benefits under the Plan.
Written by Steve Herman
January 13, 2006
Sixth Circuit Affirms Fiduciary Status with Respect to Control Over Plan Assets, Even in the Absence of “Discretionary Authority”.
Written by Steve Herman
January 13, 2006
Third Circuit Clarifies “Date of Last Action” under Unisys and the “Fraud or Concealment” Discovery Rule.
Written by Steve Herman
January 13, 2006
The D.C. Circuit Agrees with Most Other Circuits that Discretion is Not a Prerequisite to Fiduciary Status where the Alleged Fiduciary Exercises Control Over Plan Assets.
Written by Steve Herman
January 13, 2006
Sixth Circuit Clarifies, Declines to Overrule Yard-Man “Inference” that Retiree Health Benefits Negotiated under a Collective Bargaining Agreement Are Vested.
Written by Steve Herman
January 12, 2006
Second Circuit Clarifies Appropriate “Class” vs. “Merits” Inquiry at Certification Stage.
Written by Steve Herman
January 12, 2006
Illinois and Pennsylvania Courts Reject Class Action Bans in Arbitration Agreements as Unconscionable.
Written by Steve Herman
January 12, 2006
Second Circuit Rejects Castano and Approves of Issue Certification under Rule 23(c)(4).
Written by Steve Herman
January 12, 2006
Several Circuit Courts Shift Burden to Plaintiff to Prove that the Local Controversy Exception under CAFA Applies.
Written by Steve Herman
January 12, 2006
Third Circuit Remands Certification Due to District Court’s Failure to Identify the Specific Claims, Issues or Defenses Subject to Class Treatment.
Written by Steve Herman