This week, the Ninth Circuit considers when common issues predominate in wage-and-hour litigation and analyzes the assignment of the right to sue for nonpayment of benefits under ERISA. MILES v. KIRKLAND'S STORES, INC....more
This week, we take a look at a decision examining the preemptive effect of the Poultry Products Inspection Act, and another considering the interaction between the Employee Retirement Income Security Act and principles of...more
This week, we examine a pair of Ninth Circuit decisions addressing when opinions are materially false under securities law, and what a plaintiff must plead to establish a duty-of prudence violation under the Employee...more
This week, this Ninth Circuit once again issued a number of opinions arising from the employment relationship. Here, we focus on two of particular interest. In the first, the Court sought to unravel whether an emergency room...more
8/21/2020
/ Administrative Proceedings ,
Appeals ,
Appellate Courts ,
Attorney's Fees ,
Breach of Duty ,
Denial of Benefits ,
Dismissals ,
Duty of Loyalty ,
Duty of Prudence ,
Emergency Rooms ,
Employee Retirement Income Security Act (ERISA) ,
Equitable Relief ,
Fiduciary Duty ,
Independent Contractors ,
IRA Rollovers ,
Long Term Disability Insurance ,
Mandatory Requirements ,
Motion to Dismiss ,
Pensions ,
Physicians ,
Reaffirmation ,
Title VII