The United States Supreme Court recently granted certiorari in a Telephone Consumer Protection Act class action challenging text messages which a U.S. Navy vendor sent to recruit new sailors.
This week’s grant of certiorari in Gomez presents the possibility for major changes in the defense of class actions involving relatively small individual damages.
Unanimous Supreme Court Vacates Tibble V. Edison International: Much Ado About Nothing? or Something More?
On May 18, 2015, the United State Supreme Court, by a 9-0 vote, vacated and remanded the Ninth Circuit’s holding in Tibble, et al. v. Edison International, et al., 729 F.3d 1110 (9th Cir. 2013).
Top Three Reasons Brokers, Investment Advisors, and Corporate Officers Need to Be Informed About the Supreme Court’s 401(k) Decision
We thought we would offer an ode to David Letterman on his retirement with a top three (instead of ten) list of our own.
On May 1, the District Court for the Middle District of Alabama issued an order requesting that the parties provide supplemental briefing on the issue of standing in a lawsuit alleging Fair Credit Reporting Act violations.
The United States Supreme Court yesterday issued a unanimous opinion in Tibble et al. v. Edison International et al. vacating a Ninth Circuit Court of Appeals ruling that claims by employees of Edison International against the company over allegedly imprudent 401(k) plan investments were time-barred under applicable ERISA statute of limitation rules.
So what does it mean if you are an ERISA litigator who writes a blog and you are too busy litigating to write a post on Tibble v. Edison (even though you have published a widely read article on the case) right after the Supreme Court issues its opinion on the case?
Supreme Court to Decide if a TCPA Class Action Can Be Mooted by a Pre-certification Offer of Judgment
Yesterday, the United States Supreme Court accepted certiorari to review the Ninth Circuit’s decision in Campbell-Eward Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), which involved a TCPA class action brought by the recipient of a text message that a contractor, defendant Campbell-Eward, sent on behalf of the U.S. Navy in May 2006.
The U.S. Supreme Court unanimously ruled that 401(k) plan participants may file an ERISA breach-of-fiduciary duty lawsuit more than six years after an investment was selected based upon the retirement plan’s fiduciaries’ continuing duty to monitor and review investments.
Supreme Court to Decide Whether an Offer of Judgment for Full Relief Moots a Named Plaintiff’s Class-action Claims
Article III of the Constitution limits the jurisdiction of the federal courts to “cases” and “controversies.” The Supreme Court has held that “‘an actual controversy … be extant at all stages of review, not merely at the time the complaint is filed.’”