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Fiduciary Duty Predominance Requirement

Goodwin

Second Circuit Vacates Certification of Nationwide Class in ERISA Lawsuit

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On December 1, 2022, the US Court of Appeals for the Second Circuit vacated a district court’s certification of a nationwide class of 8,000+ retirement plans serving hundreds of thousands of participants in an ERISA action...more

McGlinchey Stafford

Does surrender in bankruptcy accelerate a debt? - McGlinchey Commercial Law Bulletin February 25, 2022

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McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand our Commercial Law Bulletin from its...more

Carlton Fields

Charges By Law Firm-Owned Vendors Challenged In Putative Client Class

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Plaintiffs signed engagement letters with the law firm Finkelstein & Partners (the “law firm”) to represent them in two separate personal injury lawsuits on a contingency basis. ...more

Carlton Fields

Pennsylvania District Court Rejects Effort to Certify Retained Asset Account Claims Against Prudential

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In Huffman v. Prudential, a federal judge in the Eastern District of Pennsylvania recently rejected the plaintiffs’ effort to certify for class adjudication a claim for alleged breach of ERISA (alternatively, state law)...more

Carlton Fields

Texas District Court Denies Class Certification for Hedge Fund Investors on Numerosity and Predominance Grounds

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In 2008, investors in the Parkcentral hedge fund lost as much as $3 billion dollars when Parkcentral’s investment in commercial mortgage-backed securities (“CMBS”) was devalued. The investors, limited partners of Parkcentral,...more

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