Tackett Redux: Ordinary Principles of Contract Interpretation Mean No...
In an opinion released yesterday, the Supreme Court reaffirmed that collective bargaining agreements (CBAs) must be interpreted according to “ordinary principles of contract law.” CNH Industrial N.V....
View ArticleSupreme Court Says that Equitable Tolling Cannot Extend Rule 23(f) Deadline
In a unanimous decision authored by Justice Sotomayor on February 26, 2019, the Supreme Court held that the 14-day deadline to seek permission to appeal a decision granting or denying class...
View ArticleU.S. Supreme Court Agrees to Hear IBM’s Challenge to Second Circuit Ruling in...
In December 2018, we reported here that the Second Circuit became the first court at any level to allow an ERISA stock-drop claim to survive a motion to dismiss since the Supreme Court revamped the...
View ArticleU.S. Supreme Court: A Decision on the Merits Triggers the Time to Appeal...
The U.S. Supreme Court ruled in a unanimous opinion that an unresolved claim for attorney’s fees does not prevent a decision on the merits of an ERISA suit from becoming final for purposes of the...
View ArticleSCOTUS Says No Presumption of Prudence In ERISA Stock Drop Cases
Earlier today, in Fifth Third Bancorp v. Dudenhoeffer, the U.S. Supreme Court declined to adopt the so-called Moench presumption of prudence pursuant to which many circuit courts had dismissed ERISA...
View ArticleFifth Third Bancorp v. Dudenhoeffer – An Analysis of the U.S. Supreme Court’s...
For over two decades, federal courts have embraced the so-called Moench presumption of prudence in ERISA stock-drop cases. Pursuant to that presumption, courts have routinely dismissed such claims...
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