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What's New in the Courts

January 18, 2007

U.S. Magistrate Indicates that 2006 Amendments Do Not Alter Basic “Undue Burden” Analysis.

Written by Steve Herman
January 13, 2007

Magistrate in the District of Columbia Discusses “Hybrid” Work Product Resulting from an Attorney’s Selection of Documents for Litigation Purposes.

Written by Steve Herman
January 13, 2007

Magistrate Judge in the District of Maryland Issues Comprehensive Opinion Discussing the Evidentiary Requirements for the Admission of Electronically-Stored Information.

Written by Steve Herman
January 13, 2007

The Sixth Circuit Allows Participant of Now-Defunct Plan to Sue under Section 502(a)(2).

Written by Steve Herman
January 13, 2007

Fifth Circuit Attempts to Square Sereboff with Great-West and Rejects Distinction Between Recovery from Fiduciaries and Non-Fiduciaries in Defining Appropriate Equitable Relief.

Written by Steve Herman
January 13, 2007

U.S. Magistrate Orders Employer to Produce Plan E-Data in Third Party’s Possession.

Written by Steve Herman
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