Litigation

Recent Posts

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

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: 4th Circuit Adopts More Demanding Test For Exercise Of Objective Prudence By Retirement Plan Fiduciaries
Posted on 7 Aug 2014 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw In the latest ruling in a long-running battle arising from company stock fund divestments, the U. S. Court of Appeals for the Fourth Circuit has underscored the importance of procedural prudence in the management... Read More

Williams Mullen: Congress Changes the Rules - A Summary of the Federal Courts Jurisdiction and Venue Clarification Act of 2011
Posted on 13 Jun 2012 by Williams Mullen

Brian C. Vick and Joseph R. Pope wrote an article titled, "Congress Changes the Rules - A Summary of the Federal Courts Jurisdiction and Venue Clarification Act of 2011," which was published in the Spring 2012 edition of The Defender , a publication... Read More

Williams Mullen: Clean Water Rule Opens Litigation Floodgates
Posted on 9 Jul 2015 by Williams Mullen

By A. Keith "Kip" McAlister, Jr. | With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected under the... Read More

Williams Mullen: Supreme Court Holds That Clock for the Appeal of an ERISA Decision Began Running Sooner Than Plaintiff Expected
Posted on 10 Feb 2014 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw The U.S. Supreme Court has ruled that the plaintiffs, a group of union-affiliated employee benefit funds (the Funds), waited too late to give notice of their appeal from the trial court’s judgment on the merits... Read More

Williams Mullen:Court Holds that Erroneous Advice about Medical Benefits Coverage Can Expose Plans to Liability
Posted on 10 Jul 2013 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw In Kenseth v. Dean Health Plan, Inc. , No. 11-1560 (June 13, 2013) [ Enhanced opinion available to lexis.com subscribers], the Seventh Circuit Court of Appeals reviewed the scope of equitable remedies available... Read More

Williams Mullen: Corporate Spin-Off, New Retirement Plan Did Not Violate Employees’ Rights Under ERISA
Posted on 16 Feb 2012 by Williams Mullen

Nauman v. Abbott Laboratories , No. 10-2272 (7th Cir. February 3, 2012) B y Mark S. Thomas and Robert W. Shaw The U. S. Court of Appeals for the Seventh Circuit has affirmed a trial judgment against a class of former employees of Abbott Laboratories... Read More

Williams Mullen: 4th Circuit Upholds Lengthy 'Stent' for Interventional Cardiologist
Posted on 10 Jul 2013 by Williams Mullen

By John Staige Davis V Can a cardiologist be sent to prison for performing medically unnecessary stent procedures, even though he stented a considerably lower percentage of his patients than his peers? In United States v. McLean, No. 11-5130 (Apr... Read More

Williams Mullen: Supreme Court Holds That Clear Plan Terms Control Equitable Remedies: U.S. Airways Inc. v. McCutchen
Posted on 10 Jul 2013 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw In U.S. Airways, Inc. v. McCutchen , No. 11-1285 (Apr. 16, 2013) [lexis.com subscribers may access Supreme Court briefs and the opinion for this case] , the U.S. Supreme Court underscored the importance of clearly... Read More

Williams Mullen: U.S. Supreme Court Hands Down 2 Significant Cases for Employers
Posted on 10 Jul 2013 by Williams Mullen

By David C. Burton On June 24 the United States Supreme Court handed down two significant and closely watched decisions affecting employers in Title VII cases. Both opinions came from a sharply divided court splitting five to four in both cases. The... Read More

ARB Holds Sarbanes-Oxley Act's Whistleblower Protections Apply to Employees of Contractors to Publicly Traded Companies, Rejects First Circuit Decision to the Contrary
Posted on 9 Jun 2012 by Williams Mullen

BY: IGOR M. BABICHENKO In yet another decision expanding whistleblower protection, the Administrative Review Board ("ARB") recently held that Section 806 of the Sarbanes-Oxley Act ("SOX") affords whistleblower protection to an employee... Read More

Williams Mullen Alert: Are Civil RICO Class Actions Based on Alleged Immigration Offenses Dead?
Posted on 14 Aug 2012 by Williams Mullen

By Mary E. Pivec and Reba Mendoza The Fourth Circuit's recent decision in Walters v. McMahen [ enhanced version available to lexis.com subscribers ] affirming the trial court's dismissal of a civil RICO class action at the pleading stage is encouraging... Read More