October 2011

The Fifth Circuit takes up the question of when it might constitute race discrimination (under 42 U.S.C. § 1981) for a union not to pursue a theory of race discrimination in a grievance proceeding. The Fifth Circuit affirms summary judgment of the local union and...

The Second Circuit becomes the latest U.S. Court of Appeals to join the fray about whether to adopt what is known as a "presumption of prudence" under ERISA. The rule favors plan fiduciaries who allow investment in company stock in an employee stock ownership plan...