Scott Burnett Smith

Scott Burnett Smith

Bradley Arant Boult Cummings LLP

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BABC Attorneys Author Amicus Brief on Behalf of DRI Regarding Tibble Case in United States Supreme Court

In Tibble v Edison International, Plaintiffs brought fiduciary duty claims against Edison International for alleged mismanagement of Edison’s 401(k) Plan. Plaintiffs’ claims centered upon the fact that the Plan’s investment...more

1/29/2015 - 401k Employer Liability Issues ERISA Fiduciary Duty SCOTUS Statute of Repose Tibble v Edison Int

U.S. Supreme Court Clarifies Requirements for Removing Class Actions to Federal Court

Today the U.S. Supreme Court issued its decision in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719, a case involving the procedural requirements for removing a class action from state to federal court under the Class...more

12/17/2014 - Amount in Controversy CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Diversity Diversity Jurisdiction Federal Jurisdiction Jurisdiction Removal SCOTUS

Eleventh Circuit Refuses to Credit Expert’s Guess on Causation

The U.S. Court of Appeals for the Eleventh Circuit has issued an important decision on expert testimony, Hughes v. Kia Motors. Patricia Hughes filed a wrongful death action against Kia Motors after her daughter,...more

9/26/2014 - Car Accident Causation Corporate Counsel Expert Testimony Expert Witness Kia

Supreme Court Makes Clear That CAFA Removal Is Not Defeated by Plaintiffs' Amount-in-Controversy Stipulations

A unanimous United States Supreme Court has now ruled that self-appointed would-be class representatives cannot defeat Class Action Fairness Act (CAFA) removal by simply purporting to limit the damage claims of class members...more

3/21/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction SCOTUS

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