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  • Monthly Archives: July 2011

    What is a “Meet and Confer?”

    As technology has rapidly evolved over the past couple of decades, the information requested during the discovery process has become more sophisticated. On December 1, 2006, Congress amended the Federal Rules of Civil Procedure (“FRCP”) in order to compensate for these advancements. In particular, Rules 16 and 26 were amended to include early notice of […]

    Fifth Circuit Says ERISA does not Prevent Payment of Pension in Instances of Sham Divorces

    Brown v. Continental Airlines, Inc., No. 10-20015 (5th Cir. July 18, 2011) On July 18, 2011, the Fifth Circuit refused to extend the “sham” transaction doctrine into claims involving ERISA.  The Court considered whether ERISA allows a retirement plan administrator to seek restitution of benefits that were paid to a plan participant’s ex-spouse pursuant to […]

    Court Holds Separation Agreement Was Clear

    Ridinger v. Dow Jones & Co., Inc., No. 10-1771-cv (C.A.2 (N.Y.)) On July 11, 2011, the Second Circuit Court of Appeals affirmed a Magistrate Judge’s decision to summarily dismiss an age discrimination complaint as barred by a separation agreement entered into by a terminated employee. The case centered on the issue of whether a separation agreement executed by […]

    What is Metadata?

    As part of Cullen and Dykman’s new E-Discovery blog, we are happy to introduce our “What is…?” series. The series is intended to demystify some of the terminology, practices, and technology used to assess Electronic Discovery (“E-Discovery”) issues that arise during litigation. The series aims to provide the reader with essential information to increase their […]

    Court Awards Worker’s Compensation for Sitting at Desk Too Long

    Renner v. AT&T, 2011 N.J. Super. Unpub. LEXIS 1668 (App.Div. June 27, 2011). In James P. Renner vs. AT&T, the New Jersey Superior Court, Appellate Division, upheld a worker’s compensation judge’s decision awarding benefits to a husband after his wife died from blood clots from sitting for long periods of time as part of her job. […]