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Results: 11-20 of 28
Rulings, filings, and settlements of interest
- Proskauer Rose LLP
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- USA
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- September 9 2011
In Florida v. United States Dep't of Health and Human Servs., 11-11021-cv, 2011 WL 3519178 (11th Cir. Aug. 12, 2011), the Eleventh Circuit affirmed in part and reversed in part the district court's ruling that the Affordable Care Act was unconstitutional
AT&T Mobility v. Concepcion: can arbitration bar ERISA class actions?
- Proskauer Rose LLP
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- USA
- -
- July 1 2011
In AT&T Mobility v. Concepcion, No. 09-893, 2011 WL 1561956 (April 27, 2011), the U.S. Supreme Court addressed whether the Federal Arbitration Act (FAA) preempted California’s judicial rule that effectively required arbitration agreements to include the right to class arbitration for them to be enforceable
Proskauer is perspective
- Proskauer Rose LLP
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- USA
- -
- January 13 2011
Our look back at the past year, and forward into the coming year, confirms the enduring nature of ERISA litigation practice
Rulings, filings and settlements of interest
- Proskauer Rose LLP
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- USA
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- December 10 2010
In North Cypress Med. Ctr. Operating Co. v. MedSolutions Inc., No. 4:10-cv-2608 (S.D. Tex. Nov. 11, 2010), a district court held that a hospital lacked standing to sue a third-party claims administrator because the hospital’s patients had not made an express and knowing assignment of their rights to assert ERISA fiduciary duty claims against the hospital
Rulings, filings and settlements of interest
- Proskauer Rose LLP
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- USA
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- November 3 2010
In Matschiner v. Hartford Life & Accident Ins. Co., 2010 WL 3910217 (8th Cir. Oct. 7, 2010), the Eighth Circuit applied the “plan documents rule” established by the Supreme Court in Kennedy v. Plan Administrator for DuPont Savings & Investment Plan, 129 S.Ct. 865 (2009), and concluded that Hartford properly paid benefits pursuant to a beneficiary designation form rather than a Nebraska state divorce decree that purported to divest the decedent’s ex-husband of his right to the benefits
Rulings, filings and settlements of interest
- Proskauer Rose LLP
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- USA
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- October 13 2010
In Brown v. Owens Corning Investment Review Committee, 2010 WL 3730918 (6th Cir. Sept. 27, 2010), the Sixth Circuit affirmed dismissal, on statute of limitations grounds, of plaintiffs' claims against plan fiduciaries arising from employer stock holdings in two Owens Corning retirement plans
Rulings, filings and settlements of interest
- Proskauer Rose LLP
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- USA
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- September 2 2010
In In re Mercury Interactive Corp. Sec. Litig., 2010 WL 3239460 (9th Cir. Aug. 18, 2010), the Ninth Circuit held that in the settlement of a putative class action, district courts must set the deadline for class counsel to file their fee application before the deadline for class members to object to the proposed settlement
Rulings, filings and settlements of interest
- Proskauer Rose LLP
- -
- USA
- -
- August 6 2010
In Borrero v. United HealthCare of New York, Inc., 2010 WL 2652456 (11th Cir. July 6, 2010), healthcare providers (and their representative organizations) alleged state law claims against United HealthCare for failing to pay them the agreed upon rate contained in the subscriber agreements rate for services
Tibble v. Edison International: district court finds after trial that it was a breach of fiduciary duty to offer retail rather than institutional share classes of certain mutual funds
- Proskauer Rose LLP
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- USA
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- August 6 2010
As 401(k) plans have grown into the primary source of retirement income for many employees, the fees paid by such plans have come under increasing scrutiny by Congress and the U.S. Department of Labor
Rulings, filings and settlements of interest
- Proskauer Rose LLP
- -
- USA
- -
- July 13 2010
In the wake of Hardt v. Reliance Standard Life Ins. Co., 130 S. Ct. 2149 (May 24, 2010), in which the Supreme Court held that a party must achieve "some success on the merits" in order to obtain an attorney’s fee award under ERISA, two federal circuits have concluded that the so-called "five-factor test" for determining such awards used by many district courts prior to Hardt remains an appropriate analytical framework for deciding whether to award attorneys fees under ERISA, but only after first concluding that a party has achieved some success on the merits
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- Jurisdiction - USA
- Firm Name - Proskauer Rose LLP
- Author - Robert Rachal
- Workarea - Litigation
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