October 4, 2007
U.S. Second Circuit Rejects Settlement Allocation Due to Inherent Conflict within Class of Self-Funded and Insured Plans.
Written by Steve Herman
October 4, 2007
Fifth Circuit Addresses “Superceding Cause” and Claims for “Negligence” in Upholding Jury Verdict under LPLA.
Written by Steve Herman
October 1, 2007
Ninth Circuit Rules that Article III Prevents Participants and Beneficiaries from Suing for Relief on Behalf of their Plans under ERISA Section 502(a)(2) and/or (a)(3).
Written by Steve Herman
September 20, 2007
Sixth Circuit Rejects Participant Standing Under Section 502(a)(2) for Article III Purposes, But Confirms Standing under Section 502(a)(3) for Injunctive and Equitable Relief.
Written by Steve Herman
September 11, 2007
Second Circuit Holds that an Assignee Can Serve as Class Representative.
Written by Steve Herman
September 6, 2007
New Jersey Supreme Court Reverses National Certification of Vioxx Third-Party Payor Class.
Written by Steve Herman
September 4, 2007
Third Circuit Rejects Requirement of “Proportionality” in Court-Awarded Fees.
Written by Steve Herman
August 31, 2007
U.S. Magistrate Orders Employer to Produce Plan E-Data in Third Party’s Possession.
Written by Steve Herman
August 30, 2007
California Supreme Court Rejects Class Arbitration Waiver in Employment Agreement where Class Device Necessary to Vindicate Rights.
Written by Steve Herman
August 29, 2007
U.S. Magistrate Orders Non-Party to Produce Documents in Electronic Form.
Written by Steve Herman