Litigation

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Williams Mullen: The Emerging Frontiers For Equitable Remedies Under ERISA In The 4th Circuit: Moon v. BWX Technologies
Posted on 21 Dec 2012 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw The U. S. Court of Appeals for the Fourth Circuit continues to build out the boundaries of ERISA's equitable remedies, which have expanded in the Fourth Circuit in the wake of the U. S. Supreme Court's decision... 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

Williams Mullen: Defeating Class Certification: Halliburton II Ruling Impacts Securities Class Action Issues
Posted on 19 Aug 2014 by Williams Mullen

By Turner A. Broughton and Lauren M. Wheeling In its June 23, 2014 opinion in Halliburton Co. v. Erica P. John Fund, Inc. (“ Halliburton II ”), the United States Supreme Court addressed two securities class action issues[ enhanced opinion... Read More

Williams Mullen: D.C. U.S. Court of Appeals Pushes Back At NLRB, President Obama
Posted on 28 Jan 2013 by Williams Mullen

By David C. Burton Once again the National Labor Relations Board has been found to have issued a decision without the statutorily mandated three member quorum. On January 25, 2013, the United States Court of Appeals for the District of Columbia found... 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

Williams Mullen Alert: For Whom the Whistle Blows: Analysis Of The American Apparel Shareholder Derivative Litigation From A Whistleblower Perspective
Posted on 13 Aug 2012 by Williams Mullen

By Mary Pivec and Igor M. Babichenko I. INTRODUCTION On July 31, 2012, the United States District Court for the Central District of California dismissed without prejudice a shareholder derivative suit against American Apparel and its individual directors... 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

Williams Mullen Alert: North Carolina Medical Malpractice Reforms Favor Long-Term Care Industry
Posted on 23 Sep 2011 by Williams Mullen

By Elizabeth D. Scott & Jonathan R. Bumgarner On July 25, 2011, the North Carolina House voted to override Governor Perdue's veto and approve a broad overhaul of North Carolina's medical malpractice laws. Ratified Senate Bill 33 expands... Read More

Williams Mullen: 7th Circuit Interprets ERISA’s Statute of Limitations for Fiduciary Breach: Fish v. GreatBanc Trust Company
Posted on 30 May 2014 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw The Seventh Circuit Court of Appeals in Fish v. GreatBanc Trust Company , No. 12-3330 (7th Cir. May 14, 2014) [ enhanced opinion available to lexis.com subscribers ], has issued a decision that clarifies the rules... Read More

Williams Mullen LLP: 4th Circuit Upholds Plan Administrator's Interpretation To Deny Disabled Doctor's Benefits Claim
Posted on 24 Jan 2012 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw The U. S. Court of Appeals for the Fourth Circuit upheld a plan administrator's interpretation of a long term disability plan and affirmed the denial of a disabled physician's claim for benefits in Fortier... Read More