Litigation

Recent Posts

High Court Hears Oral Arguments In ERISA Plan Documents Case
Posted on 1 Dec 2010 by Joan Grossman

WASHINGTON, D.C. -- The U.S. Supreme Court on Nov. 30 considered whether a showing of "likely harm" was sufficient to entitle participants in or beneficiaries of an employee benefits plan governed by the Employee Retirement Income Security Act... Read More

David Harlow On Massachusetts Health Reform Plan, National Health Reform, Litigation
Posted on 1 Mar 2011 by LexisNexis Litigation Resource Community Staff

By David Harlow I am a guest on the latest edition of Lawyer2Lawyer , a podcast talk show on the Legal Talk Network hosted by fellow Bay State blawger Bob Ambrogi and Golden State lawyer Craig Williams, discussing aspects of the Massachusetts health... Read More

Williams Mullen: Court’s Award Of $3.8 Million Raises Questions About The Scope Of ERISA Remedies
Posted on 3 Jan 2014 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw The U.S. Court of Appeals for the Sixth Circuit has affirmed an unusually large award of $3.8 million in a case involving the denial of long-term disability benefits. In Rochow v. Life Insurance Company of North... Read More

Williams Mullen: 4th Circuit Holds That Plan Administrators' Alleged Fiduciary Breach Based On 401(k) Plans' Fund Selection Is Time-Barred
Posted on 23 Jan 2013 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw The Fourth Circuit rejected the claims of a putative class action brought on behalf of participants of two retirement plans sponsored by Bank of America. In David v. Alphin , No. 11-2181 (4th Cir. Jan. 14, 2013... Read More

Supreme Court Says Health Plan Terms Govern ERISA Reimbursement Action Based On Equitable Lien
Posted on 16 Apr 2013 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on April 16 ruled that a health plan administrator's claim for reimbursement against a plan participant under Employee Retirement Income Security Act Section 502(a)(3) based on an equitable... Read More

UBS To Pay $120 Million To Settle Claims Over Lehman Brothers Securities Losses
Posted on 9 Aug 2013 by Timothy Raub

NEW YORK — (Mealey’s) In a New York federal court, UBS Financial Services Inc. agreed on Aug 8 to pay $120 million to settle federal securities law claims that it misrepresented the investment quality of certain Lehman Brothers securities... Read More

Bank Of America To Pay $2.43 Billion To Settle Securities Class Action Lawsuit
Posted on 1 Oct 2012 by Timothy Raub

NEW YORK - In what is being called the largest settlement of a credit-crisis-related securities class action lawsuit, Bank of America Corp. (BoA) has agreed to a $2.43 billion settlement on claims that it and certain of its executive officers and directors... Read More

Standards For Appointing Class Counsel Under Rule 23(g)
Posted on 2 Nov 2010 by Georgene M. Vairo

Sheinberg v. Sorensen (606 F.3d 130, 2010 U.S. App. LEXIS 10922 [3d Cir. May 28, 2010]) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] explores the relationship between Federal Rule of... Read More

Williams Mullen - McCravy v. Metropolitan Life Insurance Co.: Recognizing A Broader Scope for ERISA's Equitable Remedies
Posted on 1 Aug 2012 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw The Fourth Circuit has reversed an earlier position and now recognizes a broader scope for equitable remedies available to ERISA plaintiffs following the U. S. Supreme Court's decision in CIGNA Corp. v. Amara... Read More

High Court Rejects ‘Prevailing Party’ Standard In ERISA Fees Case
Posted on 24 May 2010 by Joan Grossman

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 24 ruled that Employee Retirement Income Security Act Section 502(g)(1) provides a district court discretion to award fees and costs to either party as long as that party has achieved... Read More

Williams Mullen: 11th Circuit Rules Home Depot Plan Fiduciaries Did Not Breach Their Duties Related To The Plan's Company Stock Fund
Posted on 21 May 2012 by Williams Mullen

B y M ark S. Thomas and Robert W. Shaw In Lanfear v. Home Depot, Inc. , No. 10-13002 (11th Cir. May 8, 2012) [ enhanced version available to lexis.com subscribers ], the U.S. Court of Appeals for the Eleventh Circuit joined five other federal circuit... Read More

Williams Mullen: The Strategic Importance Of ERISA Preemption In Wrongful Termination Cases
Posted on 27 Nov 2012 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw In Swindler v. Ben Lippen School and Columbia International University , No. 3:12-CV-2314-CMC [ enhanced version available to lexis.com subscribers ], the U.S. District Court for the District of South Carolina remanded... Read More

High Court Considers Whether Participant Must Reimburse Health Plan Under ERISA
Posted on 27 Nov 2012 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) The Third Circuit U.S. Court of Appeals erred in ruling that a health plan administrator's claim for reimbursement against a plan participant is subject to equitable limitations, including unjust enrichment, under... Read More