Key takeaway: The Supreme Court held that to state an ERISA prohibited-transaction claim under 29 U.S.C. § 1106(a), a plaintiff needs only to plausibly allege the elements contained in § 1106(a) itself and does not need to...more
4/21/2025
/ Affirmative Defenses ,
Appeals ,
Benefit Plan Sponsors ,
Class Action ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
Federal Rules of Civil Procedure ,
Fee-Shifting ,
Fiduciary Duty ,
Pleading Standards ,
Prohibited Transactions ,
Retirement Plan ,
Rule 11 ,
SCOTUS ,
Split of Authority
On February 26, 2025, the US Supreme Court issued a unanimous decision limiting the scope of an award of the “defendant’s profits” in trademark infringement suits under the Lanham Act, 15 U.S.C. §1117(a), to only those...more
3/4/2025
/ Affiliates ,
Appeals ,
Calculation of Damages ,
Corporate Misconduct ,
Dewberry Group Inc v Dewberry Engineers Inc ,
Disgorgement ,
Intellectual Property Litigation ,
Lanham Act ,
SCOTUS ,
Trademark Infringement ,
Unfair Competition
Welcome to the Major US Supreme Court and Appellate Cases chapter of our annual report Consumer Financial Services 2023 Year in Review.
Looking Ahead to 2024 -
The Supreme Court continues to take a close look at major...more
2/19/2024
/ Administrative Law Judge (ALJ) ,
Appeals ,
Appellate Courts ,
Article III ,
But For Causation ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Counsel ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Truth in Lending Act (TILA)