Tag Archives: motion to dismiss

Supreme Court to Review Sixth Circuit’s Reinstatement of ERISA “Stock-Drop” Class Action

The Supreme Court recently agreed to resolve a circuit split on the pleading requirements for claims that ERISA fiduciaries imprudently invested employee stock ownership plan (ESOP) assets in the stock of the employer—so-called “stock-drop” cases.  Under the “Moench presumption,” named after Moench v. Robertson, 62 F.3d 553 (3d Cir. 1995), courts presume that investments of … Continue Reading

Massachusetts Echoes California and Disavows Data Mining by Zip Code

In a decision last week, the Massachusetts Supreme Court held that zip codes are personally identifiable information, perhaps serving as a harbinger for other state court decisions still to come. This ruling is important for all retailers when considering their privacy practices in conjunction with ever-evolving privacy laws, especially in the class action context. In Tyler … Continue Reading
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