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Posts tagged "9th Circuit"

Cyr v. Reliance Standard Life Ins. Co., No. 07-56869 (9th Cir. June 22, 2011)

In an ERISA case of importance to employees seeking to collect benefits, the en banc Ninth Circuit cleans up some dicta in its prior case law and - without dissent - holds that parties other than benefit plans and plan administrators may be liable for payment of benefits under 29 U.S.C. § 1132(a)(1)(B).

Dep't of Fair Employment and Housing v. Lucent Technologies, No. 09-15057 (9th Cir. Apr. 26, 2011)

Employment lawyers know that it is commonplace for national employers to remove private, state-law employment discrimination cases from state to federal court, whenever there are diversity-of-citizenship grounds to do so. Here's the next step - the Ninth Circuit (2-1) approves removal of a suit commenced by a state civil rights agency in state court, holding that it is the citizenship of the employee - the real party in interest - that counts for diversity purposes.

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