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Results:1-7 of 7

Scope of appropriate equitable relief reaches Supreme Court
  • Jorden Burt LLP
  • USA
  • February 15 2013

Last year, the Supreme Court observed that "appropriate equitable relief" under ERISA 502(a)(3) could include all the remedies typically found


District court quashes arbitrator’s non-party subpoena
  • Jorden Burt LLP
  • USA
  • September 21 2010

The US District Court for the North District of Illinois has granted a motion to quash an arbitration subpoena directed to a non-party for her deposition.


Supreme Court adopts “nerve center” test for corporations’ citizenship
  • Jorden Burt LLP
  • USA
  • July 7 2010

In Hertz Corp v Friend, the Supreme Court resolved a split between the Circuits on the issue of a corporation's citizenship for purposes of the federal diversity statute, 28 U.S.C. 1332(c)(1), which states that for the purposes of the diversity and removal statutes “a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business .”


U.S. Supreme Court resolves circuit split in favor of Gartenberg standard
  • Jorden Burt LLP
  • USA
  • April 7 2010

On March 30, 2010, the US Supreme Court issued its highly anticipated ruling on the Seventh Circuit's decision in Jones v. Harris Associates, which created a split between the circuit courts on the standard courts should use to review challenges to mutual fund advisory fees brought under Section 36(b) of the Investment Company Act of 1940 (the "ICA").


Third Circuit side-steps split on manifest disregard of law
  • Jorden Burt LLP
  • USA
  • March 31 2010

The Third Circuit Court of Appeals heard the appeal of Bapu Corporation from a district court's denial of its motion to vacate an arbitration award.


Self-defense is an “accident”?
  • Jorden Burt LLP
  • USA
  • July 28 2009

The Connecticut Supreme Court recently held in Vermont Mut. Ins. Co. v. Walukiewicz, that the term “accident” as used in a liability policy can reasonably be interpreted to include bodily injury caused by acts of self-defense.


Court refuses subject matter jurisdiction to review arbitration award, since the value of the award was less than the court’s jurisdictional amount
  • Jorden Burt LLP
  • USA
  • January 5 2009

A dispute arose between Hansen Beverage Company and DSD Distributors over a distribution agreement.