Recent decisions in § 419 and § 412(i) litigation *

USA - November 2 2012
The Fifth Circuit Court of Appeals recently reviewed the first case on appeal from MDL No. 1983, a multidistrict litigation proceeding designed to address claims related to employee benefit plans created under §§ 412(i) and 419 of the Internal Revenue Code.

Co-authors: Enrique Arana.

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Recent decisions in § 412(i) and § 419 litigation *

USA - November 21 2011
The United States District Court for the Northern District of Texas recently issued several important decisions in MDL No. 1983, a multidistrict litigation proceeding designed to address claims related to employee benefit plans created under § 412(i) and § 419 of the Internal Revenue Code.

Co-authors: Enrique Arana.

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Three justices concerned over class notification costs *

USA - March 4 2010
The US Supreme Court recently denied certiorari of a New Jersey trial court's order, which directed a class action defendant to pay the entire cost of class notice based on the relative wealth of the parties.

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Class action dismissed for lack of subject matter jurisdiction *

USA - December 2 2009
The U.S. District Court for the Southern District of New York recently dismissed a class action attempting to assert claims for breach of fiduciary duties under ERISA in connection with a group annuity contract endorsed by the New York State United Teachers (NYSUT) and used to fund School District 403(b) retirement plans throughout the State of New York.

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Preemptive motion to deny class certification approved *

USA - December 2 2009
In Vinole v. Countrywide Home Loans, Inc., the Ninth Circuit ruled that a defendant may file a preemptive motion to deny class certification before the plaintiffs move for class certification.

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