January 13, 2007
Tenth Circuit Employs Contra Proferentem to Construe Ambiguities Against Insurer where Review is De Novo.
Written by Steve Herman
January 13, 2007
Supreme Court Rejects Fiduciary Duty in Sponsor’s Decision to Terminate Plan Through Purchase of Annuity As Opposed to Merger with Multi-Employer Plan.
Written by Steve Herman
January 13, 2007
Sixth Circuit Rejects Plan Administrator’s Attempt to Change Basis for Denial of Benefits.
Written by Steve Herman
January 12, 2007
Sixth Circuit Affirms Certification of Federal Communications Act Claims.
Written by Steve Herman
January 12, 2007
Second Circuit Vacates Class Settlement for Lack of Jurisdiction over Unregistered Copyright Claims.
Written by Steve Herman
January 12, 2007
ABA Ethics Committee Confirms that Counsel Can Contact Putative Classmembers Prior to Certification.
Written by Steve Herman
January 12, 2007
U.S. Fifth Circuit Affirms Standing, Yet Rejects Certification Due to Choice-of-Law Issue, in Breach of Warranty Case.
Written by Steve Herman
January 12, 2007
U.S. Fifth Circuit Rejects Basic and Affiliated Ute Presumptions with Respect to Third-Party Financial Institutions, De-Certifying Class in Enron Securities Case.
Written by Steve Herman
January 12, 2007
Second Circuit Rules that Percentage Fees Should be Awarded on the Entire Fund Made Available to Claimants.
Written by Steve Herman
January 5, 2007
An Effective Presumption Against Causation is Inapplicable Where the Defendant Had Opportunity to Inspect Product.
Written by Steve Herman