Feb

16

7th Circuit Rules For Abbott On Former Employees’ ERISA Interference Claims

February 16, 2012 | Leave a Comment

CHICAGO – A certified class of former employees of Abbott Laboratories failed to prove that Abbott created a spin-off unit to avoid paying retirement benefits in violation of Section 510 of the Employee Retirement Income Security Act, the Seventh Circuit U.S. Court of Appeals affirmed Feb. 3 (Myla Nauman, et al. v. Abbott Laboratories, et [...]

Jan

11

Act’s Silence On Arbitration Means Claims Must Be Arbitrated, High Court Rules

January 11, 2012 | Leave a Comment

WASHINGTON, D.C. – Because the Credit Repair Organizations Act (CROA) does not specifically state whether claims brought pursuant to the act are eligible for arbitration, the Federal Arbitration Act (FAA) requires an arbitration agreement in a credit card agreement “to be enforced according to its terms,” a split U.S. Supreme Court ruled Jan. 10 (CompuCredit [...]

Nov

25

7th Circuit Rules On How Mootness May Be Avoided By Class Plaintiffs

November 25, 2011 | Leave a Comment

CHICAGO – A Seventh Circuit U.S. Court of Appeals panel on Nov. 18 refused to adopt a rule agreed to by four other circuits that allows a plaintiff to move for class certification and avoid mootness even after being offered complete relief; instead, the Seventh Circuit opined that a named plaintiff in a class suit [...]

Jun

14

9th Circuit Finds Calif. Diesel Rules Not Preempted By Clean Air Act

June 14, 2011 | Leave a Comment

SAN FRANCISCO – Three rules adopted by the Monterey Bay Unified Air Pollution Control District in May 2007 requiring owners and operators of diesel engines to register the engines and pay fees for them are not preempted by the federal Clean Air Act (CAA), the Ninth Circuit U.S. Court of Appeals held May 27 in [...]

Jun

2

Insured Was Not Required To Submit To Appraisal Before Filing Suit, Panel Rules

June 2, 2011 | Leave a Comment

SAN JOSE, Calif. – An insured was not required to submit to an appraisal process prior to seeking declaratory relief as to the legality of the insurer’s policies surrounding that process, a California appeals panel ruled May 24, reversing a lower court’s grant of demurrer to the insurer (The Doan v. State Farm General Insurance [...]