The Supreme Court of the United States issued three decisions today:
Alexander v. South Carolina State Conference of the NAACP, No. 22-807: This case concerns the interplay between allegations of racial and partisan...more
5/24/2024
/ Arbitration ,
Armed Career Criminal Act ,
Cartels ,
Class Action ,
Coinbase ,
Controlled Substances ,
Controlled Substances Act ,
Federal Sentencing Guidelines ,
Forum Selection ,
Gerrymandering ,
NAACP ,
Racial Gerrymandering ,
SCOTUS ,
Sentencing Factors ,
Sweepstakes ,
Voting Rights
On August 21, 2023, the U.S. District Court for the District of Minnesota largely dismissed—for a second time—a putative ERISA class action challenging “excessive” fees and “poor” performance in a 401(k) plan. Fritton v....more
A federal court in Wisconsin recently allowed a putative ERISA class action in Lucero v. Credit Union Ret. Plan Ass’n to proceed to discovery on the claim that a 401(k) plan paid excessive recordkeeping fees. This decision...more
3/24/2023
/ 401k ,
Class Action ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Excessive Fees ,
Fees ,
Fiduciary Duty ,
Motion to Dismiss ,
Multiple Employer Plan (MEP) ,
Pleading Standards ,
Recordkeeping Requirements
The Ninth Circuit just reversed decisions from the U.S. District Court for the Northern District of California in Wit v. United Behavioral Health, which had ordered United Behavioral Health (“UBH”) to reprocess thousands of...more
Viking River Cruises v. Angie Moriana, No. 20-1573: This case, involving the Federal Arbitration Act (“FAA”) and the California Private Attorneys General Act (“PAGA”), presents the following question: Whether the FAA requires...more
12/16/2021
/ Arbitration Agreements ,
Certiorari ,
Class Action ,
Class Certification ,
Federal Arbitration Act ,
Interstate Commerce ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Railroads ,
Safety Standards ,
Uniformed Services Employment and Reemployment Rights Act (USSERA)
In a growing wave of class action lawsuits, plaintiffs are targeting employers who have allegedly failed to provide proper notice of health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985...more
1/21/2020
/ Benefit Plan Sponsors ,
Class Action ,
COBRA ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Employer Liability Issues ,
Model Forms ,
Notice Requirements ,
Plan Administrators ,
Risk Management ,
Settlement