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Lawsuit

High-court moves could change participant class-action suits

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The ability of retirement plan participants and institutional investors to pursue ERISA and securities class-action lawsuits could be significantly altered, following two Supreme Court actions that have sent both groups back to the circuit courts to make their respective cases.

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Supreme Court Hands Verizon Retirees Victory In Pension Spinoff Case

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In a significant victory for a group of Verizon retirees whose pensions were spun off by the company, the U.S. Supreme Court vacated a lower court decision and sent the case back to be re-evaluated, giving the class action suit, advanced by the Association of BellTel Retirees Inc (BellTel), a significant shot in the arm.

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What are the limits of congressional power to authorize suits?

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Spokeo Inc. v. Robins, which will be argued on Monday, Nov. 2, has the potential to significantly change the law in terms of the ability of federal statutes to authorize suits in federal courts.

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Experts watching high court session

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Pension plan executives and other investors are watching several Supreme Court cases in the term starting Oct. 5, especially ones that could change the rules for bringing legal actions against corporations, and challenges to when and where retirement plan participants can sue.

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Pension, patent rights at stake in SCOTUS Spokeo case: new briefs

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The U.S. Supreme Court will hear oral arguments in Spokeo v. Robins on Nov. 2. And if you still had any doubts (despite my frequent reminders) about the potentially enormous consequences of this case, the 14 newly filed amicus briefs backing Thomas Robins – the lead plaintiff in a Fair Credit Reporting Act class action against the data broker Spokeo – should dispel them.

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Supreme Court Decision in Tibble a Victory for 401(k) Participants

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WASHINGTON – On May 18, the U.S. Supreme Court ruled in favor of employees in Tibble v. Edison International, a class-action lawsuit filed by participants in the power company’s 401(k) plan.

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As Church Plan Debate Hits Next Level, 3rd Cir. Receives Competing Amicus Briefs

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More than two years into a litigation effort challenging the way large hospitals run their pension plans, all eyes are on the U.S. Court of Appeals for the Third Circuit, which recently received a flood of amicus briefs arguing both sides of the debate.

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6th Cir. Church Plan Case Against Ascension Remanded for Settlement Consideration

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The first church plan case to reach the federal appellate courts is being returned to the district court to consider a proposed settlement between the parties, according to an order issued by the U.S. Court of Appeals for the Sixth Circuit (Overall v. Ascension Health, 6th Cir., No. 14-1735, 3/17/15).

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Groups Debate Effects of Plan Fee Litigation In Competing Supreme Court Amicus Briefs

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The effect of plan fee litigation on workers’ retirement savings has sharply divided various industry groups, which filed competing amicus briefs with the U.S. Supreme Court in an upcoming case involving Section 401(k) plan fees (Tibble v. Edison Int’l, U.S., No. 13-550, arguments scheduled 2/24/15).

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Justices Wrestle With Monitoring Duties Of 401(k) Fiduciaries During Oral Argument

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Whether 401(k) plan fiduciaries in monitoring investments must look for cheaper options was the question dividing justices and litigants when the U.S. Supreme Court heard oral argument Feb. 24 in a case involving the time frame in which plan participants can challenge their plan's investment options.

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