Did high court make broad sweep in ERISA ruling?
Article Abstract:
The US Supreme Court ruled in Mertens v. Hewitt Associates that retirees could not sue non-fiduciaries for monetary damages for advice given on an ERISA-governed pension plan. ERISA 502(a)(3), giving plan beneficiaries the right to equitable relief for violations of an ERISA plan's terms, was the statute section at issue. When Hewitt restructured, the company allowed Kaiser Steel to revise the actuarial assumptions on the Kaiser Steel Retirement Plan, and the assumptions Kaiser chose resulted in inadequate funding, which eventually led to termination of the plan.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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High court asked to define 'willful violation' in ADEA
Article Abstract:
Hazen Paper Co v Biggens will give the US Supreme Court its 3rd opportunity to explain what constitutes a 'willful violation' of the Age Discrimination in Employment Act (ADEA). Those found guilty of willful acts are liable for double damages. ADEA cases constituted 20% of the 2,166% increase in employment discrimination litigation between 1970 and 1989. ADEA plaintiffs tend to receive larger damage awards than plaintiffs in race or sex discrimination cases.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Pa. business court: proponents push for second attempt
Article Abstract:
A law to establish the Pennsylvania Special Courts of Chancery, a new business court, will soon be introduced. This court might rival Delaware's Court of Chancery. It is hoped that the court would attract more businesses to Pennsylvania. The court could hear business disputes by both US and foreign parties which submit to its jurisdiction and its proponents hope the European Community would also litigate there.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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- Abstracts: Arbitration makes sense in international intellectual property disputes
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