"Doubts on New Health Law"
Lyle Denniston has an excellent post on Monday afternoon in Scotusblog summarizing Judge Henry Hudson's ruling that denied the Justice Department's motion to dismiss Virginia's constitutional...
View ArticleStill Under Attack: Key Provision of Health Care Reform
The Commonwealth of Virginia's constitutional challenge to the so-called "individual mandate," a key provision of the health care reform bill enacted by Congress earlier this year, has survived a...
View ArticleOral Argument in Grable & Sons Metal Products vs. Darue Engineering (No....
Here, courtesy of The Oyez Project, is the link to the audio recording and synchronized transcript of the oral argument held on April 18, 2005, in Grable & Sons Metal Products vs. Darue...
View ArticleSixth Circuit Significantly Shortens Limitations Period for ERISA Claims
Congress did not provide an express statute of limitations for a participant's action “to recover benefits due to him under the terms of his plan" under ERISA § 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B)....
View ArticleThe 2008 Elections - A Personal View
I was born during the first year of the Eisenhower administration. In the 55 years since, our country has been led for 35 years by Republican presidents (64% of that period) and for 20 years by...
View ArticleScheme Liability Survives Stoneridge - Barely
In its long-awaited decision announced on Tuesday in Stoneridge Investment Partners LLC v. Scientific-Atlanta, Inc., 552 U.S. __ (2008) (the Court's slip opinion is here), the Supreme Court ruled that...
View ArticleSLUSA Provision Authorizing Federal Courts to Stay State Court Discovery to...
The Private Securities Litigation Reform Act of 1995 (PSLRA), at 15 U.S.C. 78u-4(b)(3)(B), provides for a mandatory stay of "all discovery and other proceedings" in private securities actions:In any...
View ArticleEmerging Standards for Production of Electronically Stored Information
Although not strictly a matter of appellate law, there has been substantial controversy over the manner in which electronically-stored information (ESI) must be produced in discovery. Requesting...
View ArticleOn Rehearing En Banc, Sixth Circuit Affirms Panel Decision and Dismisses...
A rare event. An uncommon or unusual occurrence. Isolated. Extraordinary. Virtually unheard of. Once in a blue moon.All of these terms accurately describe the Sixth Circuit's en bancdecision filed...
View ArticleThe De-Value of Everything
This is a law site, but many of us see baseball as a metaphor for much of life, so on his historic occasion (or at least the day after), I hope you will indulge my brief reverie.When contemplating the...
View ArticleSixth Circuit Judges on Tom Goldstein's (Not So) Short List
Two sitting Sixth Circuit judges, Deborah L. Cook and Jeffrey S. Sutton, are among Tom Goldstein's short-list of 30 potential nominees for a Supreme Court appointment if a Republican administration...
View ArticleIs LaRue Moot After All?
On June 24 we reported that the Supreme Court had granted certiorari in an important ERISA case, LaRue v. DeWolff Boberg, Case No. 06-856, on June 18. James LaRue is a former employee of DeWolff,...
View ArticleFollow-Up on Federal Tort Claims Act Sovereign Immunity
Jean-Claude Andre is counsel for a federal prisoner in Ali v. Federal Bureau of Prisons, Case No. 06-9130, on certiorari to the 11th Circuit, raising the question of whether the immunity attaching...
View ArticleWhether Sovereign Immunity Bars Claim for Lost Personal Property Under...
On May 29, 2007, the Supreme Court granted review of four new cases for decision during the October 2007 term, including a federal prisoner's rights case from the 11th Circuit, Ali vs. Federal Bureau...
View ArticleSupreme Court Reverses 6th Circuit's Dismissal of Parents' Rights Case
On May 21, 2007, the Supreme Court reversed the Sixth Circuit in Winkelman v. Parma City School District, Case No. 05-983, a case involving a major issue of parental rights under the Individuals with...
View ArticleSupreme Court Denies Review of Age Discrimination Claim Against Cash-Balance...
On January 16, 2007, the Supreme Court denied cert. in Cooper v. IBM Personal Pension Plan, Case No. 06-760, a case challenging cash-balance pension plans (as they existed before the law was changed...
View ArticleSixth Circuit Holds Expert Witness Fees Are Not Recoverable as Costs Under...
On January 23, 2007, the Sixth Circuit held in L & W Supply Corp. v. Acuity, No. 05-6845 (the slip opinion posted on the Court's website can be found here), "that expert witness fees may not be...
View ArticleWeil Gotshal Publishes Survey of 2006 Securities Fraud Litigation
Our thanks to Paul Ferrillo of Weil Gotshal & Manges for alerting us to his firm's comprehensive 2006 survey of securities fraud litigation. You can view the full publication here or download the...
View ArticleSupreme Court Grants Cert. in Key ERISA Case
On Monday, June 18, the Supreme Court granted certiorari in LaRue v. DeWolff Boberg & Associates, Case No. 06-856, for the October 2007 term. Responding to a CVSG (call for the views of the...
View ArticleTellabs Defines "Strong Inference" for Pleading Securities Fraud Under the...
We have returned after an extended hiatus occasioned by several significant hearings in April and May and back-to-back trials over the last month. But important developments in the interim must be...
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