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Blog postThe beneficiary of an ERISA plan administered by an insurance company argued that the Court’s recent en banc decision in Ariana M [884 F.3d 246 (5th Cir. 2018)] required the Court to review the denial of benefits for two surgical procedures de novo instead of for abuse of discretion. “But Ariana M. only governs cases in which a plan does not validly delegate fiduciary discretion. And even though Texas Insurance Code §1701.062 bans insurers’ use of delegation clauses in Texas, Missouri l<
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Blog postThe prevailing plaintiff in a FDCPA action appealed the denial of her petition for attorney’s fees, arguing that the fee-shifting provision in the statute awarding fees to the prevailing party is mandatory. Yet, based on “the outrageous facts in this case” including the conduct of the plaintiff’s attorneys, the U.S. Fifth Circuit affirmed.
On cross-motions for summary judgment in the FDCPA action, the district court granted summary judgment, in part, in favor of the plaintiff, a -
Blog postFollowing the crash of a Cessna in North Carolina in 2005, the plaintiff filed suit, claiming that the aircraft lost power as a result of a defect in the engine’s carburetor. Twice, the district court granted summary judgment in the engine manufacturer’s favor, and, twice, the U.S. Third Circuit Court of Appeal reversed.
The 2016 Court of Appeal decision:
Initially, the Court of Appeal determined that the ordinary presumption against preemption applied.
The Court -
Blog postBeginning in November 2007 and continuing through mid-March 2012, an Assistant U.S. Attorney for the Estern District of Louisiana, under various pseudonyms, frequently posted online comments, which concerned a myriad of subjects, but in pertinent part related to cases which he and/or his colleagues were assigned to prosecute. When discovered, Mr. Perricone’s actions caused significant actual harm to the prosecution of the River Birch and Danziger Bridge cases, posed a potential risk to the Je
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Blog postIn an FLSA case, Defendant made an Offer of Judgment in the amount of $3,133.44, which was rejected. After a one-day trial, a jury returned a verdict in the plaintiff’s favor and awarded her $1,131.39.
In addition to the damages awarded, (and less the defense costs that were taxed against the plaintiff based on the rejection of the Rule 68 offer), Plaintiffs’ counsel initially sought a fee award of $129,565.00. After reductions for time expended on the claims of unsuccessf -
Blog postRoyalty owners of natural-gas wells filed suit against lessee, alleging that the lessee improperly calculated and intentionally underpaid royalties for gas that was processed through a certain plant. The District Court certified the class.
On appeal, the U.S. Fifth Circuit agreed that the class was sufficiently ascertainable. The defendant relied on precedent from the Third Circuit to argue that Plaintiffs had to demonstrate “by a preponderance of the evidence, that the class is -
Blog postPurchasers of brand name ulcerative colitis drugs brought putative class action against drug manufacturers under state antitrust laws, alleging the manufacturers suppressed generic entry for drug by pulling it from market at same time a new drug was introduced. The District Court certified the class under Rule 23(b)(3), but the U.S. First Circuit Court of Appeals reversed.
Following the First Circuit’s 2015 Nexium decision, the District Court reasoned that, if unrebutted, a cons -
Blog postThe plaintiff is a pension fund representing a putative class of investors against Hanger, Inc. and three of its officers. The Fund’s allegations are based predominantly on a report by Hanger’s Audit Committee after the company restated its financial results. That report indicates that some defendants set an inappropriate “tone at the top” and engaged in improper accounting. The District Court granted the defendants’ motions to dismiss, holding that the complaint did not adequately allege sci
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Blog postThe plaintiff, Hager, was DBG’s CFO until August 15, 2014. By a letter hand-delivered to Hager’s home address that day, DBG’s CEO notified Hager that he was fired. The plaintiff elected to continue his enrollment in DBG’s health plan with Blue Cross Blue Shield through COBRA. In May 2015, DBG decided to terminate its health plan. DBG has produced a letter addressed to Hager’s former address — not the address where it sent Hager’s termination letter — stating that it was terminating that cover
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Blog postThe plaintiff, a former Whole Foods employee, brought a putative class action against certain Whole Foods executives who are named fiduciaries for the company’s 401(k) plan, alleging that they breached their fiduciary duties by allowing employees to continue to invest in Whole Foods stock while its value was artificially inflated. The District Court dismissed the action as failing to meet the requirements set forth by the U.S. Supreme Court in Fifth Third Bancorp v. Dudenhoeffer, 134 S.
Books By Steve Herman
My Life as a Spy
Feb 8, 2019
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Steve Herman
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America and the Law: Challenges for the 21st Century
Jan 31, 2019
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Steve Herman
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The Gordian Knot
Dec 4, 2018
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Steve Herman
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A Day in the Life of Timothy Stone
Dec 5, 2018
by
Steve Herman
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Sign of Four
Dec 4, 2018
by
Steve Herman
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The Sign of Four
Sep 30, 1999
by
Steve Herman
$19.95
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