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What's New in the Courts

January 13, 2005

U.S. Fifth Circuit reverses verdict under the LPLA where plaintiff failed to prove – by direct evidence, with direct and specific expert testimony – that his injuries would have been more severe had the defendant’s airbag deployed in collision.

Written by Steve Herman
January 13, 2005

Third Circuit rejects Milofsky and concludes that participants in 401(k) plan who suffered losses may bring suit under Section 502(a)(2).

Written by Steve Herman
January 13, 2005

District Court allows suit for breach of fiduciary duty brought by plan participant against plan’s PBM to proceed.

Written by Steve Herman
January 13, 2005

Equitable set-off of attorneys fees against pension benefits of participant asserting unsuccessful claim under ERISA Section 502(a)(1).

Written by Steve Herman
January 13, 2005

The Ninth Circuit holds that failure to comply with the time limitations imposed by 29 C.F.R. 2560.503-1(h) does not require de novo review; technical violations of the Act do not alter the standard of review unless they result in substantive harm.

Written by Steve Herman
January 12, 2005

Eighth Circuit reverses Silzone Heart Valve certification.

Written by Steve Herman
January 12, 2005

Third Circuit draws line on “piggy-backing”.

Written by Steve Herman
January 12, 2005

Second Circuit rejects (b)(1) certification under “limited punishment” theory absent a fund with a “definitely ascertained limit” as required under Ortiz.

Written by Steve Herman
January 12, 2005

JAMS clarifies its policy when companies seek to preclude class actions through arbitration.

Written by Steve Herman
January 12, 2005

Federal Judicial Center releases class action study on choice of forum in class action litigation.

Written by Steve Herman