The Bank of New York Mellon, acting in its capacity as trustee of trusts established to hold residential mortgage-backed securities, settled claims that the originator and servicer breached obligations owed to the trusts. Then, as a condition precedent… Continue reading
Plaintiffs appealed from the judgment of the district court dismissing as time-barred their putative class action complaint against their former employer and the employer’s pension plan for benefits alleged to be due under the Employee Retirement Incom… Continue reading
Former customers of RCM, a subsidiary of the now-bankrupt Refco, appealed from a dismissal of their securities fraud claims against former corporate officers of Refco and Refco’s former auditor. RCM operated as a securities and foreign exchange broker … Continue reading
Appellants brought various claims before Financial Industry Regulatory Authority (FINRA) arbitrators against Ameriprise, a financial-services company, for, inter alia, breach of fiduciary duty, breach of contract, fraud, and negligent misrepresentation… Continue reading
This appeal and cross-appeal concerned the pension benefits owed to plaintiff, a retired carpenter, and members of a class he purported to represent. Plaintiff asserted that the pension fund was guilty of seven violations of the Employee Retirement Inc… Continue reading
Plaintiffs appealed from a decision granting defendants’ motion to dismiss plaintiffs’ complaints for failure to state a claim upon which relief could be granted. Plaintiffs, participants in two retirement plans offered by defendants, brought suit alle… Continue reading
Plaintiffs, participants in retirement plans offered by defendants and covered by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., appealed from a judgment dismissing their ERISA class action complaint. Plan documents requir… Continue reading
Plaintiff appealed from a judgment dismissing as time-barred a putative class action alleging violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, arising from the transmission of an unsolicited advertisement to plaintiff by means… Continue reading
Plaintiffs, on behalf of themselves and all other similarly situated, filed a complaint alleging that defendants violated the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. 201-19, by requiring waiters to share t… Continue reading
Appellants appealed the dismissal of their class action complaint against Nextel, the law firm of Leeds, Morelli & Brown, P.C. (LMB), and seven of LMB’s lawyers (also LMB). Appellants were former clients of LMB who retained the firm to bring discrimina… Continue reading