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Hedge Fund Says SEC's 'Short Squeeze' Complaint Fails
Case: Securities and Exchange Commission, No. 12-5027, S.D. N.Y....(read more)
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Stiefel Labs Says Fraud Plaintiff Misstates Law, Evidence
Case: Securities and Exchange Commission v. Stiefel Laboratories Inc., et al., No. 11-24438, S.D. Fla.; See February 2013, Page 40....(read more)
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Chesapeake Says Complaint Falls Short Of Fraud-Pleading Standard
Case: Dvora Weinstein, et al. v. Aubrey K. McClendon, et al., No. 12-00465, W.D. Okla.; See February 2013, Page 41....(read more)
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Apple Investor Wants Injunction Before Shareholder Vote
Case: Greenlight Capital L.P., et al v. Apple Inc., No. 13-0900, S.D. N.Y....(read more)
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Facebook Shareholder Alleges Insider Trading Related To IPO
Case: Gaye Jones v. Mark Zuckerberg, et al., No. 8375, Del. Chanc....(read more)
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Benefit Denial After Age 65 Was Reasonable, Court Holds
PHILADELPHIA - A disability insurer that terminated benefits to its policyholder when he turned 65 acted reasonably, the Third Circuit U.S. Court of Appeals ruled Feb. 15 (Barry Sunshine v. Reassure...
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Calculation Of LTD Benefits Was Reasonable, 10th Circuit Rules
DENVER - An ERISA-governed disability insurer that based its benefit calculation on the insured's "actual earnings" acted reasonably, the 10th Circuit U.S. Court of Appeals ruled Feb. 27 (Jose Cardoza...
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Occupation Review Does Not Support Benefit Denial, Judge Rules
HOUSTON - An ERISA-governed disability insurer's occupational review did not support its decision to terminate benefits to a claimant with neck and head tremors, a Texas federal judge ruled Feb. 28...
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Judge: Evidence In The Record Supports Denial Of Benefits
SAN FRANCISCO - An ERISA-governed disability insurer that terminated benefits to a claimant with chronic neck, back and leg pain acted reasonably, a California federal judge ruled March 1 (Tami Hegger...
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High Court Denies Review Of ERISA Disability Ruling
NEW ORLEANS - The U.S. Supreme Court on Feb. 19 denied review of a Fifth Circuit U.S. Court of Appeals ruling that a plan administrator that refused to classify a disability as "football degenerative"...
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De Novo Is Proper Standard Of Review, Judge Rules
CHICAGO - De novo is the proper standard of review in a wrongful denial of disability benefits case against an ERISA-governed insurer that was not conferred discretionary authority, an Illinois federal...
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Judge: 3-Year Limitations Period Bars Action
DETROIT - A three-year contractual limitations period in a short-term disability (STD) and a long-term disability (LTD) plan bars a claimant's action filed beyond that period, a Michigan federal judge...
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Judge: Contractual Limitations Period Bars ERISA Action
DETROIT - A claimant's ERISA wrongful denial of benefits action that was filed after the expiration of the plan's three-year contractual limitations period is barred, a Michigan federal judge ruled...
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Claimant Cannot Seek Statutory Penalties, Judge Says
BOSTON - A claimant cannot seek statutory penalties against an insurer that was not the administrator of a group disability plan, a Massachusetts federal judge ruled March 5 (Michele C. Tetreault v....
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'Governmental' Plan Is Not ERISA Plan, Judge Rules
DETROIT - A Michigan county's disability plan established for county employees is not subject to the Employee Retirement Income Security Act, a Michigan federal judge ruled Feb. 26 (Marilyn Wells v....
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En Banc 9th Circuit Finds Border Search Of Laptop Did Not Violate 4th Amendment
PASADENA, Calif. - The search of a man's laptop computer by Customs and Border Protection (CBP) officials that occurred 170 miles from the border did not constitute an "extended border search" and did...
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LinkedIn Privacy Suit Dismissed For Lack Of Standing
SAN JOSE, Calif. - A California federal judge on March 6 dismissed for lack of standing a class complaint accusing an online networking site of various privacy violations after a hacker allegedly...
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Data Miner's Competition Law Action Against Twitter Headed Back To State Court
SAN FRANCISCO - A data-mining company's unfair-prong California unfair competition law (UCL) action seeking continued access to Twitter Inc.'s complete data set invokes no federal law and belongs in...
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Judge Excludes Post-Sale Asbestos Warnings Evidence From Trial
MADISON, Wis. - A man presents numerous hypotheticals regarding the affordability and feasibility of post-sale asbestos warnings but lacks sufficient supporting evidence, a judge held March 6 in...
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Panel Finds Error In Dismissal Of Insured's Asbestos Claims Against Insolvent...
NEW YORK - A trial justice erred in granting an insolvent insurer's liquidator's motion to disallow an insured's coverage claims for asbestos personal injury lawsuits and to release $6 million that was...
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