Litigation

Recent Posts

Tribune Co., Former Employees Reach $32 Million Agreement On ERISA Claims
Posted on 20 Oct 2011 by James Cordrey

CHICAGO - (Mealey's) The Tribune Co., which is in Chapter 11 bankruptcy, announced Oct. 20 that it has reached a $32 million settlement with former employees who had sued the company alleging violations of the Employee Retirement Income Security Act... Read More

Williams Mullen: Court Holds That Severance Policy Is Not An ERISA Plan: Okun v. Montefiore Medical Center
Posted on 24 Sep 2013 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw The U.S. District Court for the Southern District of New York has provided clear and useful guidance on a common ERISA question: what constitutes an ERISA-governed benefit plan for severance benefits? In Okun v... Read More

Williams Mullen: ‘You Can’t Bend It That Way, Beckham’: Federal Court Dismisses Plaintiff’s Attempted Claims For Equitable Relief
Posted on 29 May 2014 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw Following the U. S. Supreme Court’s decision in CIGNA Corp. v. Amara , 131 S. Ct. 1866 (2011) [ enhanced opinion available to lexis.com subscribers ] [lexis.com subscribers may access Supreme Court briefs for... Read More

Puerto Rican Bank Settles Subprime-Related Securities Suit
Posted on 28 Jan 2011 by Kevin M. LaCroix

According to Popular, Inc.'s January 27, 2011 press release ( here ), the Puerto Rican bank holding company has reached an agreement in principle to settle the subprime related securities lawsuit pending against the company, as well as in the related... Read More

Williams Mullen: Retirement Plan Plaintiffs Were Not Required To Exhaust Administrative Remedies Before Filing Their Class Action
Posted on 25 Feb 2013 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw The Second Circuit has held that a putative class of ERISA plaintiffs was not required to exhaust a plan's administrative remedies prior to filing claims for a redetermination of future retirement benefits and... Read More

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