Sacerdote v. New York University, No. 18-2707, __ F. 4th __, 2021 WL 3610355 (2d Cir. Aug. 16, 2021) (Before Circuit Judges Newman, Walker and Menashi).
This week’s notable decision is a partial victory for plaintiffs in the latest round of fee cases against universities that allegedly have not been too smart about their pension plan investments. The Second Circuit partially reversed the district court, which had dismissed or ruled in favor of the defendants on all claims.Continue Reading Second Circuit Sends NYU Back to the Drawing Board
Heads I Win, Tails You Lose
Ortiz v. American Airlines, Inc., No. 20-10817, __ F.4th __, 2021 WL 3030550 (5th Cir. July 19, 2021) (Before Circuit Judges Smith, Stewart and Ho).
This is a case of procedural luck for defendants. If plaintiffs had the benefit of relitigating this case with 20/20 hindsight, the case would likely have played out much differently.Continue Reading Heads I Win, Tails You Lose
Fourth Circuit Largely Rules for Plaintiffs in Class Action Challenge to Aetna/Optum Billing Practices
Peters v. Aetna Inc., No. 19-2085, __ F.3d __, 2021 WL 2546412 (4th Cir. June 22, 2021) (Before Circuit Judges Agee, Floyd, and Thacker)
In this case, the Fourth Circuit covers the whole shebang of ERISA: standing, fiduciary status, party in interest status, restitution, surcharge, disgorgement, and declaratory and injunctive relief for both an individual and a class. This opinion, which reads like an ERISA treatise, serves as a reminder of the many layers that exist within ERISA and its equity-based common law. What is not layered is the issue at the core of the suit: money.
Continue Reading Fourth Circuit Largely Rules for Plaintiffs in Class Action Challenge to Aetna/Optum Billing Practices