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Class warfareERISA class litigation in light of Wal-Mart v. Dukes
  • Proskauer Rose LLP
  • USA
  • May 16 2012

As millions of American workers approach retirement age and health care costs rise, the prospects for class action litigation of Employee Retirement Income Security Act claims remain robust.


Rulings, filings, and settlements of interest
  • Proskauer Rose LLP
  • USA
  • 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.


Proskauer is perspective
  • Proskauer Rose LLP
  • 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
  • USA
  • 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
  • USA
  • 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
  • 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.


Rulings, filings and settlements of interest
  • Proskauer Rose LLP
  • USA
  • June 7 2010

In Golden Gate Restaurant Assoc. v. City and County of San Francisco, No. 08-1515 (U.S.), the U.S. Solicitor General requested that the Supreme Court deny certiorari in light of the recent enactment of the Patient Protection and Affordable Care Act (PPACA).



Charles Seemann III
  • Proskauer Rose LLP