This week’s Five Favorites is very ERISA heavy. Sometimes that’s just the way the world spins, as there is a lot going on with retirement plans and ERISA litigation, even at the Supreme Court. A lot of it touches on some of my favorite topics, such as the role of the jury trial in ERISA
We are now on the sixth most popular post in my annual top ten countdown of blog and LinkedIn posts from the year just gone by. You can find the rules of the contest here.
The post that finished sixth asks the seemingly eternal question of “What Do You Do on Appeal With a
One of the themes I have returned to time and again with regard to excessive fee and other class action litigation under ERISA is that the traditional litigation approach deployed for years by the plan sponsor community needs to be updated. With some variation, it has followed the traditional defense model typically used in class
The common law of ERISA is rife with odd decisions that likely made sense when issued, but, like opening Pandora’s box, led to unintended, unanticipated and arguably wrong rules of law when applied further down the road in additional cases. Heck, there are entire bodies of scholarship arguing that the very existence of a central
Over on LinkedIn, Megan Wade, who writes “A Brief Review – A Connecticut Appellate Law Blog” and recently launched an appellate litigation practice in Connecticut, asked the question of at what stage of a case trial counsel should associate in appellate counsel. I thought I would answer this from the perspective