PODCAST: Williams Mullen's Benefits Companion - ERISA Forfeiture Litigation
Background - In a wave of class-action litigation beginning around 2023, plaintiffs have alleged violations of fiduciary duties under the Employee Retirement Income Security Act (ERISA) and prohibited transaction rules in...more
This Federal Circuit opinion analyzes claim construction arguments and requests for remittitur in the context of preserving issues for appeal. Background - Belanger is a manufacturer of car wash systems. Belanger owns...more
On Friday, May 16th, plaintiff’s counsel in the Rodriguez v. Intuit Inc. case filed a motion to support a settlement of $1,995,000. The motion appears to reflect a good compromise between the parties … and as they say, a...more
Litigators and jurists alike frequently use the terms “waiver” and “forfeiture” interchangeably in federal appellate practice. However, these are distinct concepts, and a savvy litigator will carefully consider them when...more
In the spirit of the upcoming Super Bowl, it is important to keep in mind certain rules of play regarding forfeiture of arguments in federal courts of appeals. The Tenth Circuit reiterated two such rules in recent opinions....more
In Cooper v. Sanders H. Campbell/Richard T. Mullen, Inc., a company filed suit under a promissory note against a former joint venture partner. No. 05-15-00340-CV, 2016 Tex. App. LEXIS 9253 (Tex. App.—Dallas August 24, 2016,...more