News

National Association of Plan Advisors · 11d

How the High Court’s Burden-of-Proof Case Might Impact Future Litigation

Last week, the U.S. Supreme Court ruled that a plaintiff bringing a case under ERISA must only assert the existence of a prohibited transaction that caused an injury to the plaintiff to move past a motion to dismiss.
JD Supra · 4d

Louisiana Supreme Court Issues Key Ruling on Contractor Summary Judgment

Earlier this month, the Louisiana Supreme Court issued a significant decision that holds implications for insurers and their insured contractors
Bloomberg Law News · 10d

Supreme Court’s ERISA Ruling Will Test Procedural Safeguards

Opinion: Moore & Van Allen attorneys say employee benefit plans and ESOP transactions will become prime litigation targets following the Supreme Court's ruling in Cunningham v. Cornell University.
Icon for www.law.comLaw · 25d

Second Circuit Sets State of Mind and Burden of Proof Requirements for Sanctions Under FRCP 37(e)(2)

And with respect to the burden of proof, “it does not appear that [the district court] improperly applied a heightened ‘clear and convincing’ standard.” As such, the Second Circuit ruled ...
Icon for www.napa-net.orgnapa-net · 13d

Supremes Seek DOL Input on 401(k) Excessive Fee Suit

Blue Cross & Blue Shield of Alabama) "left no doubt" that plaintiffs bear the burden of proof on loss causation. But that, as they say, was then — just last week the Supreme Court unanimously held that — at least at the motion to dismiss stage — the ...
Icon for www.channelnewsasia.comChannel NewsAsia Singapore · Oct 8, 2021

Falsehoods, freedom of speech and burden of proof: Key findings from Apex Court's landmark POFMA judgment

Both the SDP and TOC argued that the burden of proof in applications to set aside correction directions issued under POFMA should lie on the Attorney-General, and that it should fall on the AG to ...