News & Analysis as of

Summary Judgment Pleading Standards Appeals

Proskauer - Employee Benefits & Executive...

Supreme Court Establishes Lower Pleading Standard for Prohibited Transaction Claims

In a unanimous decision, the U.S. Supreme Court ruled in Cunningham v. Cornell University that plaintiffs can satisfy the requirements for pleading prohibited party-in interest transactions under ERISA section 406(a) without...more

Cozen O'Connor

Fifth Circuit Reaffirms Appraisal and Bad Faith Jurisprudence as Policyholders Continue to Probe for Opportunities

Cozen O'Connor on

The United States Court of Appeals for the Fifth Circuit upheld a summary judgment granted to the insurer over a policyholder’s argument that payment of an appraisal award and interest may extinguish an insurer’s liability...more

Goodwin

ERISA Litigation Update - October 2021

Goodwin on

Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2021 #2

BOT M8 LLC v. Sony Corporation, Appeal No. 2020-2218 (Fed. Cir. July 13, 2021) - In this week’s Case of the Week, the Federal Circuit addressed the stringency of pleading requirements alleging patent infringement. At...more

Bradley Arant Boult Cummings LLP

The Italian Job: Fifth Circuit Confirms Pleading Standard for National Origin Discrimination Claim

Employment law is full of burden-shifting, prima facie standards and evidentiary hurdles. Sometimes, even the courts apply the wrong standard at the wrong stage of a case. That appears to be what happened in the case of...more

Knobbe Martens

Federal Circuit Review - March 2018

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Distribution Agreements Can Constitute Offers for Sale Under Section 102(b) - In The Medicines Company v. Hospira, Inc., Appeal Nos. 2014-1469, 2014-1504, the Federal Circuit held that a distribution agreement qualified as...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Escobar and the Implied Certification Theory: Initial Cases Raise the Bar on Materiality in False Claims Act Litigation"

On June 16, 2016, the U.S. Supreme Court in Universal Health Services, Inc. v. United States ex rel. Escobar1 (Escobar) unanimously upheld the implied certification theory of False Claims Act (FCA) liability and strengthened...more

Bradley Arant Boult Cummings LLP

Tennessee Supreme Court Revisiting Summary Judgment Standard

On the heels of two new Justices joining the Tennessee Supreme Court, the Court has indicated its intention to reconsider the summary judgment standard set forth in Hannan v. Alltel Publishing Co., 270 S.W. 3d 1 (Tenn. 2008)....more

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