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The ERISA Litigation Newsletter - May 2012

by Proskauer Rose LLP on 5/17/2012

In This Issue: - Editor’s Overview ...1 - Health Care Reform Remains Alive and Well as DOL Enforces ACA through Plan Audits ...2 - Class Warfare — ERISA Class Litigation in Light of Wal-Mart v....more

Tenth Circuit Court of Appeals Denies Attempt to Withdraw Fifth Amendment Invocation

by Katten Muchin Rosenman LLP on 5/9/2012

The U.S. Court of Appeals for the Tenth Circuit recently addressed the question of when a defendant can withdraw an invocation of the Fifth Amendment right to refrain from making self-incriminating statements....more

Weekly Law Resume - April 26, 2012: Anti-SLAPP Attack to a Malicious Prosecution Action

by Low, Ball & Lynch on 5/7/2012

Darin Johnson v. Ralph’s Grocery Company, et al. Court of Appeal, Fourth District (March 20, 2012) This case concerns two pre-answer challenges a defendant can make to the legal sufficiency of a plaintiff’s complaint:...more

Appointing An Examiner is not a Simple Task

by Potter Anderson & Corroon LLP on 5/1/2012

Three cases provide examples of situations in which the courts considered an outside overseer. Allegations of impropriety by a bankrupt company's management can fuel heated litigation in bankruptcy cases — including...more

Stern v. Marshall Updates – DC Bankruptcy Court Has Jurisdiction to Hear State Law Counterclaims

by Cadwalader, Wickersham & Taft LLP on 4/11/2012

In GB Herndon, the District of Columbia Bankruptcy Court determined that it had constitutional authority to determine state common law counterclaims and state law claims against nondebtor codefendants. Adams Nat’l Bank v. GB...more

Feeley, et al. v. NHAOCG, LLC, et al., C.A. No. 7304-VCL (Del. Ch. Mar. 20, 2012) (Laster, V.C.)

by Potter Anderson & Corroon LLP on 3/22/2012

In this case, the Court, relying on the implied consent provisions found in the Delaware Limited Liability Company Act (the “Act”), found that it was entitled to exercise personal jurisdiction over defendant NHAOCG, LLC...more

Is Rush Limbaugh Facing a Claim for Defamation?

by Aaron Morris on 3/2/2012

On Wednesday, during his radio show, Rush Limbaugh discussed a college student who had testified at a Congressional hearing, stating that she needed her birth control to be covered by the school's health insurance. Limbaugh...more

Lawyers Still Ignorant of Communications Decency Act

by Aaron Morris on 2/23/2012

There are still many attorneys making money representing clients on Internet defamation cases that can’t be won. They are either ignorant of the law, or ignoring it. My firm has been schooling others on the Communications...more

District of Columbia Struggling With Anti-SLAPP Law

by Aaron Morris on 2/18/2012

The District of Columbia instituted an anti-SLAPP procedure back in March but the judges are having a heck of a time figuring it out. Judge Rufus G. King III of the D.C. Superior Court got it right. A local television...more

Editor’s Choice: Top Five Legal News Stories of the Day - December 8, 2011

by Lawyers.com on 12/9/2011

Here are a several items we thought you’d find interesting. • Lawsuit says Delta lies about lost luggage liability limits. A class action lawsuit filed against Delta Air Lines says the carrier misleads customers about...more

Cooley Law School vs John Does

Amicus Brief on behalf of Various Print & Internet Media Outlets

by Timothy Flynn on 12/2/2011

This amicus brief is filed on behalf of various print and Internet media outlets in Michigan on behalf of the defendant, John Doe, an anonymous blogger that has leveled harsh criticism against the Thomas M. Cooley Law School...more

Cooley Law School vs John Does

John Doe's Application for Leave to Appeal Lower Court's Denial of Motion to Quash Subpoena

by Timothy Flynn on 11/29/2011

This is the application for leave to appeal from the lower court's denial of defendant, the anonymous "John Doe"'s motion to quash Cooley Law School's subpoena for information that would rip the mask from the anonymous...more

Devere Group GMBH v. Opinion Corp. et al.

Brief in Support of Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12(b)(6))

by Ronald Coleman on 11/4/2011

Motion to dismiss defamation claim pleaded as a Lanham Act trademark infringement complaint in order to circumvent DMCA section 230....more

Bulldog II: SJC Eliminates First Amendment Challenge to Securities Violations Found by the Massachusetts Securities Division

by Foley Hoag LLP on 9/28/2011

A decision by the Massachusetts Supreme Judicial Court (“SJC”) on September 22, 2011, lays to rest the Secretary of the Commonwealth’s finding that a hedge fund manager, Bulldog Investors General Partnership (“Bulldog”), and...more

Lenders Beware: Delaware Supreme Court Holds Creditors of Insolvent LLC Lack Derivative Standing

by Cole Schotz on 9/23/2011

The Delaware Supreme Court recently held that creditors lack standing to bring a derivative suit on behalf of an insolvent Delaware limited liability company (an “LLC”) under the Delaware Limited Liability Company Act (the...more

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Constitutional Law – May 23, 2012

Narrowed by: Business Torts

The ERISA Litigation Newsletter - May 2012

Tenth Circuit Court of Appeals Denies Attempt to Withdraw Fifth Amendment Invocation

Weekly Law Resume - April 26, 2012: Anti-SLAPP Attack to a Malicious Prosecution Action

Appointing An Examiner is not a Simple Task

Stern v. Marshall Updates – DC Bankruptcy Court Has Jurisdiction to Hear State Law Counterclaims

Feeley, et al. v. NHAOCG, LLC, et al., C.A. No. 7304-VCL (Del. Ch. Mar. 20, 2012) (Laster, V.C.)

Is Rush Limbaugh Facing a Claim for Defamation?

Lawyers Still Ignorant of Communications Decency Act

District of Columbia Struggling With Anti-SLAPP Law

Editor’s Choice: Top Five Legal News Stories of the Day - December 8, 2011

Cooley Law School vs John Does

Amicus Brief on behalf of Various Print & Internet Media Outlets

Cooley Law School vs John Does

John Doe's Application for Leave to Appeal Lower Court's Denial of Motion to Quash Subpoena

Devere Group GMBH v. Opinion Corp. et al.

Brief in Support of Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12(b)(6))

Bulldog II: SJC Eliminates First Amendment Challenge to Securities Violations Found by the Massachusetts Securities Division

Lenders Beware: Delaware Supreme Court Holds Creditors of Insolvent LLC Lack Derivative Standing

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