Madeline Chimento Rea

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Retirement Plan Participants and Standing: Supreme Court’s New ‘No Harm, No Foul’ Ruling

USA - June 3 2020 The Supreme Court of the United States has held many times that the federal courts do not have jurisdiction over a lawsuit unless the plaintiff has…

Mark E. Schmidtke, Thomas M. 'Tom' Christina.

Triaging Employee Refusals to Work Due to COVID-19: A Legal Update for Healthcare Employers

USA - May 19 2020 Employees—particularly healthcare employees—are increasingly refusing to work because of safety concerns and the need for accommodations related to…

Dee Anna D. Hays, Kerri S. Reisdorff, Ruthie L. Goodboe.

ERISA-Exempt Governmental Plan Withstands Putative Class Action Challenge

USA - October 15 2019 Late last year, we wrote about Shore v. The Charlotte-Mecklenburg Hospital Authority, et al., in which former Atrium Health employees filed a…

Mark E. Schmidtke.

The Beginning of the End for 401(k) Class Actions? Ninth Circuit Enforces Individual Arbitration

USA - August 30 2019 In Dorman v. Charles Schwab Corp., No. 18-15281 (August 20, 2019), the Ninth Circuit Court of Appeals recently held that a 401(k) plan participant…

Mark E. Schmidtke, Stephanie C. Ng.

Supreme Court to Review ERISA Statute of Limitations Case

USA - June 24 2019 In late 2018, in Sulyma v. Intel Corporation Investment Policy Committee, the Ninth Circuit Court of Appeals held that a plaintiff’s access to…

Mark E. Schmidtke.