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Faber v. Metropolitan Life Insurance Company - MetLife's use of retained asset accounts is not a breach of fiduciary duty under ERISA

USA - August 9 2011 On August 5, 2011, the Second Circuit Court of Appeals issued its much-anticipated decision in Faber v. Metropolitan Life Insurance Co ., affirming the dismissal of the plaintiff's putative class action that alleged MetLife breached its ERISA fiduciary duties by distributing ERISA-governed life insurance benefits through Retained Asset Accounts....

Robin Sanders, Irma Reboso Solares.

The Department of Labor provides the Second Circuit with its views regarding retained asset accounts

USA - February 22 2011 At the request of the Second Circuit Court of Appeals, the Department of Labor, on February 17, 2011, submitted a letter brief in the pending Faber v. Metropolitan Life Insurance Co. appeal....

Robin Sanders, Irma Reboso Solares.

Eleventh Circuit clarifies removal procedure: defendants now permitted to provide jurisdictional facts

USA - June 15 2010 In Pretka v. Kolter City Plaza II, Inc. (11th Cir. June 8, 2010), the Eleventh Circuit Court of Appeals rectified a disturbing uncertainty introduced into the law of removals by Lowery v. Alabama Power Co., 483 F.3d 1184 (11th Cir. 2007)....

Farrokh Jhabvala, Markham R. Leventhal.

Ninth Circuit issues widely anticipated decision in massive class action lawsuit

USA - April 27 2010 A sharply divided Ninth Circuit Court of Appeals on April 26, 2010, issued its blockbuster, 137-page en banc majority and dissenting opinions in Dukes v Wal-Mart Stores, Inc....

Seventh Circuit requires full Daubert hearing at class certification stage

USA - April 15 2010 Businesses threatened by class action lawsuits have welcomed the recent development by the federal courts of increasingly stringent evidentiary burdens and standards for class certification under Federal Civil Procedure Rule 23....

Stephen Jorden, Enrique Arana.