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Results:1-10 of 40

Rulings, filings, and settlements of interest
  • Proskauer Rose LLP
  • USA
  • August 5 2011

In Thomas More Law Center v. Obama, 10-2388-cv, 2011 WL 2556039 (6th Cir. June 29, 2011), the Sixth Circuit Court of Appeals affirmed the district court’s decision, holding that the Affordable Care Act’s minimum coverage provision, which requires that all applicable individuals maintain minimum essential heath insurance coverage or pay a fine, was constitutional pursuant to Congress’s power to regulate interstate commerce.


New Jersey WARN Act applies to parent and affiliated companies, including private equity investors in certain circumstances
  • Proskauer Rose LLP
  • USA
  • July 13 2011

New Jersey’s Appellate Division has held that parents or affiliates (including a private equity investor) of a company that failed to give required notice of a closing or mass layoff under the New Jersey WARN Act (“NJ WARN”) may be liable for severance pay owed to the employees under the statute.


Trustees of self-directed IRAs are not liable for IRA losses from Madoff investments
  • Proskauer Rose LLP
  • USA
  • June 2 2011

In Mandelbaum, the District Court of Colorado dismissed all of the claims brought in a class action suit by the owners of self-directed IRAs against the IRA Trustees for losses incurred by IRA assets invested with Bernard Madoff's firm.


Rulings, filings, and settlements of interest
  • Proskauer Rose LLP
  • USA
  • May 9 2011

Class Actions Filed:In Palmason v. Weyerhauser Co., No. 2:11-cv-00695 (W.D. Wa. April 25, 2011), a participant filed a purported class action complaint alleging that retirement plan fiduciaries breached fiduciary duties by causing or permitting over 81 percent of the plans’ pooled assets to be invested in unduly risky and inappropriate “alternative investments,” including hedge funds and private equity investments, allegedly reducing the value of the plans’ assets by 41 percent, or 2.4 billion dollars.


District court dismisses claims against Kraft 401(k) plan fiduciaries, continuing string of successful defenses to suits challenging 401(k) plan fees and expenses
  • Proskauer Rose LLP
  • USA
  • March 16 2010

Last month, the United States District Court for the Northern District of Illinois dismissed, on a motion for summary judgment, a class action suit brought on behalf of participants of a 401(k) plan sponsored by Kraft Foods Global, Inc.


Rulings, filings and settlements of interest
  • Proskauer Rose LLP
  • USA
  • January 15 2010

In In re Schering Plough Corp. ERISA Litig., 2009 WL 4893649 (3d Cir. Dec. 21, 2009), the Third Circuit vacated the district court's ruling granting class certification in an ERISA stock-drop litigation.


Richard L Spinogatti
  • Proskauer Rose LLP

Russell L. Hirschhorn
  • Proskauer Rose LLP

Amy Covert
  • Proskauer Rose LLP

Daryn A Grossman
  • Proskauer Rose LLP