May 19, 2005
Tenth Circuit joins Third, Eighth and Ninth Circuits that authority or control over plan assets does not have to be “discretionary”.
Written by Steve Herman
May 13, 2005
The Sixth Circuit finds that breach of fiduciary duty claims for improper processing emergency-medical-treatment claims are excused from the exhaustion requirement under the futility exception.
Written by Steve Herman
April 6, 2005
Zubulake culminates in a $29 million verdict for plaintiffs.
Written by Steve Herman
March 31, 2005
Texas District Court rules that the FDCA does not preempt state failure-to-warn claims.
Written by Steve Herman
March 17, 2005
Illinois Court sheds light on appropriate remedies for spoliation.
Written by Steve Herman
March 14, 2005
Lead plaintiff’s acceptance of settlement offer did not moot claims of entire class.
Written by Steve Herman
February 11, 2005
Intercepted electronic communications from husband’s computer excluded.
Written by Steve Herman
January 13, 2005
District Court Defers Ruling on Adverse Inference Where Unclear that Destruction Was for Purpose of Depriving Plaintiff of Use in Litigation.
Written by Steve Herman
January 13, 2005
Metadata Generally Discoverable with E-Files Produced in the Ordinary Course of Business.
Written by Steve Herman
January 13, 2005
The Eleventh Circuit Rejects Ordinary License Fee for Software as “Costs” When Protective Order Limits the Use of Data to Litigation Purposes.
Written by Steve Herman