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Motion to Dismiss Article III Dismissals

Proskauer - Employee Benefits & Executive...

District Court Holds Plan Cannot File Suit in Contravention of Trust Agreement

In Buckner v. Murray, No. 21-cv-567, 2024 WL 1366785 (D.D.C. Mar. 30, 2024), the court dismissed the United Mine Workers of America 1974 Pension Plan’s suit to collect $6.5 billion in withdrawal liability because the trustees...more

Locke Lord LLP

You Can’t Have Your Cake And Eat It Too—Seventh Circuit Warns Defendants Not To Remove To Federal Court And Then Move To Dismiss...

Locke Lord LLP on

On May 14, 2018, the Seventh Circuit Court of Appeals issued a significant jurisdictional decision that further limits defendants’ use of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016). In Collier v. SP Plus Corp., No....more

Kelley Drye & Warren LLP

Lands’ End Requests Dismissal of “Made in U.S.A.” Class Action After Reimbursing Plaintiff

Last week, Lands’ End tried a second time to dismiss a “Made in U.S.A.” class action with the novel argument that, because the company had already reimbursed the plaintiff for the necktie she purchased, she is not injured and...more

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