Appellate Law News and Insights

Tenth Circuit Reverses Summary Judgment On Benefit Determination

Published: Aug 11, 2020
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Highlights A U.S. court of appeals reversed a district court's grant of summary judgment upholding a plan administrator's benefit denial. The court found that the district court erroneously deferred to the plan administrator's determination on the benefits claim, because the plan language granting discretion to the plan administrator was contained...

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Fifth Circuit Says No Plaintiff Fact Sheet Equals No Case

Published: Jul 22, 2020
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We've all seen the signs - No Shoes, No Shirt, No Service. Their exact origin may be unknown but these signs appear to have come to popularity in the 1960s and 1970s as a response by businesses to keep "long-haired hippies" out of stores and restaurants. Or maybe they were...

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Third Circuit Expands First Amendment Speech Protection For Students’ Off-Campus Speech

Published: Jul 06, 2020
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On June 30, 2020, the U.S. Court of Appeals for the Third Circuit held in B.L. v. Mahanoy Area School District, No. 19-18421, that a high school student's off-campus speech was protected by the First Amendment to the same extent an adult's would be. The Third Circuit affirmed in a precedential...

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