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What's New in the Courts

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
January 13, 2008

Sixth Circuit Holds that Participants in Defined Contribution Plan Have Standing to Sue under Section 502(a)(2) for Losses to the Plan.

Written by Steve Herman
January 12, 2008

Seventh Circuit Rejects Untimely Intervention of Sophisticated Classmember Despite Tolling under American Pipe.

Written by Steve Herman
January 12, 2008

U.S. Supreme Court Holds that Direct “Reliance” by Plaintiff is Not Required for Civil RICO Claim.

Written by Steve Herman