I did not intend to return, yet again, to the summary judgment opinion in Sellers as gist for a blog post. Something about it that I haven’t touched on yet, however, keeps overlapping with other developments which caught my attention
Growing up in Baltimore in the Seventies (you can take the boy out of Baltimore but you can’t take the Orioles out of the boy – go Birds!), I developed a love of horse racing, back in the heyday of
I suspect every client I have ever represented in litigation can testify that I am overly fond of the old saying if you have the facts, argue the facts; if you have the law, argue the law; and if you
Many years ago, back when we were closer to the tipping point where 401(k) plans replaced pensions for the majority of employees, there was a great deal of discussion about whether employees could possibly be financially ready to retire at
I began writing on climate change as a litigation and insurance issue back in 2007 and have been writing on the role of insurance as a potential and actual driver of climate change policy since at least 2010. Since
This is a great story in Plan Adviser on the past and future of ERISA litigation over 401(k) plans. It’s a fun and short read, neither of which is normally true of articles on this subject. That’s a little tongue
I have somehow managed to escape the trap many litigators find themselves in, of being almost exclusively a plaintiff’s lawyer or instead a defense lawyer. Over the past 35 years, I would guesstimate my practice has totaled out to about
I didn’t want the week to end without passing along this story from Massachusetts Lawyers Weekly on the First Circuit’s decision in Lawrence General Hospital v. Continental Casualty Company. In the decision, the First Circuit reaffirmed the principle that
It’s very difficult to write with any nuance about discretionary review under ERISA plans, or what is more typically referred to as “arbitrary and capricious review.” I believe it is because it’s one of those areas of the law where,
The Supreme Court today hears argument in a case concerning many politicians’ and lawyers’ favorite pinata, the Chevron doctrine. It would likely be naïve to believe that the case won’t at least further restrain agency authority and discretion,