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What's New in the Courts

January 13, 2005

Maryland court finds that PPI can form the basis of a breach of express warranty claim.

Written by Steve Herman
January 13, 2005

Manufacturer of oil drum installed in a production line could not invoke statute of repose relating to improvements to real property.

Written by Steve Herman
January 13, 2005

District Court rejects Pfizer claims of preemption in Zoloft suicide case.

Written by Steve Herman
January 13, 2005

Ninth Circuit holds that website intake from potential clients is not subject to disclosure.

Written by Steve Herman
January 13, 2005

High Court rejects preemption of state law tort claims under FIFRA.

Written by Steve Herman
January 13, 2005

U.S. Fifth Circuit reverses verdict under the LPLA where plaintiff failed to prove – by direct evidence, with direct and specific expert testimony – that his injuries would have been more severe had the defendant’s airbag deployed in collision.

Written by Steve Herman
January 13, 2005

Third Circuit rejects Milofsky and concludes that participants in 401(k) plan who suffered losses may bring suit under Section 502(a)(2).

Written by Steve Herman
January 13, 2005

District Court allows suit for breach of fiduciary duty brought by plan participant against plan’s PBM to proceed.

Written by Steve Herman
January 13, 2005

Equitable set-off of attorneys fees against pension benefits of participant asserting unsuccessful claim under ERISA Section 502(a)(1).

Written by Steve Herman
January 13, 2005

The Ninth Circuit holds that failure to comply with the time limitations imposed by 29 C.F.R. 2560.503-1(h) does not require de novo review; technical violations of the Act do not alter the standard of review unless they result in substantive harm.

Written by Steve Herman