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Fiduciary Duty › Summary Judgment › Discovery

Jones Day

U.S. Supreme Court Encourages Federal Rule 7(a)(7) Replies—A Potential Boon for Defendants

Jones Day on

The U.S. Supreme Court recently reminded district courts that they may use Federal Rule of Civil Procedure 7(a)(7)—a little-known rule—to screen out meritless complaints before discovery....more

Winstead PC

The Texas Supreme Court Affirms A Summary Judgment For A Fiduciary Defendant Based On The Statute Of Limitations And The Duty To...

Winstead PC on

The Court noted that a claim generally accrues when the defendant’s wrongful conduct causes the claimant to suffer a legal injury. Id. The Court also noted that the discovery rule can defer accrual of limitations...more

McDermott Will & Emery

Former Employee’s Release Agreement Bars ERISA Claim Against ESOP Fiduciary

McDermott Will & Emery on

A recent summary-judgment decision explains how individual releases can bar the individual from pursuing ERISA fiduciary-breach claims on behalf of the plan. A plan, employer or fiduciary that wants to ensure a release that...more

Seyfarth Shaw LLP

Fourth Circuit Finds Insurer Not Liable For Employer’s Mistake.

Seyfarth Shaw LLP on

The Fourth Circuit found in favor of an insurer on a claim for life insurance benefits, finding the insured’s failure to submit the required evidence of insurability was not excused by his employer having wrongly deducted...more

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