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Article

Osler Hoskin & Harcourt LLP | USA | 2 Jun 2011

U.S. Supreme Court rules on remedies for deficient plan communications

The U.S. Supreme Court does not often issue decisions interpreting the Employee Retirement Income Security Act (ERISA), so when the Justices speak, the issues are significant.

Article

Seyfarth Shaw LLP | USA | 16 May 2011

Supreme Court holds that intentionally misleading SPD may give rise to claim for monetary relief

Today, the Supreme Court, in a unanimous 8-0 decision (with Justice Sotomayor taking no part in the consideration of the case) vacated and remanded CIGNA Corp. v. Amara, No. 09-804, 563 U.S. ____ (2011) to the district court for further consideration.

Article

Mayer Brown | USA | 18 Apr 2011

Seventh Circuit clarifies that defendants may remove class actions unless it is “legally impossible” for $5 million or more to be at stake

In a pair of recent decisions, the U.S. Court of Appeals for the Seventh Circuit has held that federal courts have jurisdiction over a class action that has been removed from state court when a defendant estimates that the $5 million amount-in-controversy requirement has been met, unless the plaintiff can show that it would be legally impossible to recover that amount.

Article

Orrick, Herrington & Sutcliffe LLP | USA | 8 Oct 2010

Derivative claims against Ernst & Young LLP and KPMG LLP dismissed in Computer Associates Derivative Litigation

On September 29, 2010, in the Computer Associates International Derivative Litigation, Judge Thomas C. Platt of the U.S. District Court for the Eastern District of New York granted a motion to dismiss derivative claims asserted against Ernst & Young LLP ("E&Y") and KPMG LLP ("KMPG"), the former and current auditors of Computer Associates ("CA").

Article

Dechert LLP | USA | 7 May 2010

Second Circuit rules securities fraud claim of mutual fund shareholders relating to affiliated transfer agent arrangements may proceed, but upholds dismissal of breach of fiduciary duty claim

A two-judge panel of the U.S. Court of Appeals for the Second Circuit (the “Court”) on February 16, 2010 vacated the dismissal of a putative class action securities fraud claim brought by shareholders of the Smith Barney family of funds (the “Funds”) under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and remanded the case to the district court.

Article

Winston & Strawn LLP | USA | 6 May 2010

Administrative & court decisions

Church Homes Inc, a nursing home operator in Hartford, Conn, agreed to pay 133 current and former employees $2.55 million in back pay, interest and pension credits whom it illegally replaced during a 1999 strike.

Article

Locke Lord LLP | USA | 27 Oct 2008

SDNY judge transfers coverage dispute to California based on location of witnesses and events in the underlying action

A New York federal court recently held that a coverage action between former television producers and their insurers should be transferred from New York to California because the events involved in the underlying action occurred and a majority of the witnesses and evidence is located in California.

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