January 13, 2006
The D.C. Circuit Agrees with Most Other Circuits that Discretion is Not a Prerequisite to Fiduciary Status where the Alleged Fiduciary Exercises Control Over Plan Assets.
Written by Steve Herman
January 13, 2006
Sixth Circuit Clarifies, Declines to Overrule Yard-Man “Inference” that Retiree Health Benefits Negotiated under a Collective Bargaining Agreement Are Vested.
Written by Steve Herman
January 12, 2006
Second Circuit Clarifies Appropriate “Class” vs. “Merits” Inquiry at Certification Stage.
Written by Steve Herman
January 12, 2006
Illinois and Pennsylvania Courts Reject Class Action Bans in Arbitration Agreements as Unconscionable.
Written by Steve Herman
January 12, 2006
Second Circuit Rejects Castano and Approves of Issue Certification under Rule 23(c)(4).
Written by Steve Herman
January 12, 2006
Several Circuit Courts Shift Burden to Plaintiff to Prove that the Local Controversy Exception under CAFA Applies.
Written by Steve Herman
January 12, 2006
Third Circuit Remands Certification Due to District Court’s Failure to Identify the Specific Claims, Issues or Defenses Subject to Class Treatment.
Written by Steve Herman
January 12, 2006
Seventh Circuit Stresses Responsibility of District Court to Appropriately Assess Value of Claims in Considering Fairness of Settlement.
Written by Steve Herman
January 12, 2006
Seventh Circuit Wrestles With Itself Over the Question of When an Amendment to State Court Pleadings Qualifies as a “Commencement” for CAFA Removal Purposes.
Written by Steve Herman
January 12, 2006
Ninth Circuit Discusses “Mass Action” Provisions in CAFA.
Written by Steve Herman