News & Analysis as of

Employee Retirement Income Security Act (ERISA) Patent Exhaustion

Dorsey & Whitney LLP

The Supreme Court - December, 2016

Dorsey & Whitney LLP on

The Supreme Court of the United States granted certiorari in seven cases on Friday afternoon: Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189: 1) Whether a "conditional sale" that transfers title to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Decision Emphasizes Importance Of Having Clear Administrative Exhaustion Language In ERISA Plans

Kirkendall v. Halliburton, Inc., No. 11-CV-2733 (2d Cir. Jan. 29, 2013): The plaintiff filed a putative class action under the Employee Retirement Income Security Act (ERISA) seeking, among other things, a redetermination of...more

McDermott Will & Emery

Second Circuit Narrows ERISA Exhaustion Requirement When Plan Document Is Ambiguous on Need to Follow Claims Procedures

The U.S. Court of Appeals for the Second Circuit’s holding in Kirkendall v. Halliburton, Inc. reaffirms that a benefit plan’s claims procedures must be drafted clearly and in language to be understood by a reasonable...more

Stinson - Benefits Notes Blog

Be Careful How You Word Your Claims Procedure

In a recent decision of the United States District Court for the Eastern District of Oklahoma, a retiree who had begun work as a union employee and who during his employment was promoted to a salaried position, sued his...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - December 2012

Proskauer Rose LLP on

In This Issue: - Editors' Overview - Supreme Court Revisits Meaning of 'Appropriate Equitable Relief' in US Airways v. McCutchen - Rulings, Filings, and Settlements of Interest ...more

5 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide