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Abuse of discretion standard of review applied to plan amendment decision
  • Jorden Burt LLP
  • USA
  • March 30 2011

As a result of a Plan amendment, a participant in a multi-employer employee benefit pension plan issued pursuant to a collective bargaining agreement (CBA), found that occupational disability benefits he had received for fifteen years were terminated.

Rejection of offer of judgment sinks attempt to plead class action
  • Jorden Burt LLP
  • USA
  • March 16 2009

The District Court for the Southern District of Mississippi recently held that a plaintiff who rejected a Rule 68 offer of judgment for complete relief lost standing to amend the complaint to plead a class action.