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An Emerging Legal Difficulty for ERISA Class Action Suits
Shearlings Got Plowed Link to more items from this source
[Opinion]
Apr. 20, 2008
Excerpt: [A] very well-thought-of federal judge, on the Seventh Circuit -- judge Frank Easterbrook -- has authored, and now published, an opinion that tends to cast doubt on of the viability of most ERISA suits of the kind now being brought against Schering. Now, to be fair, what Judge Frank Easterbrook recently wrote ... was, strictly speaking, obiter dicta (that is, not essential to his disposing of the case before him -- think of it more of an editorial comment, if you will), and yet, because he is so-well-regarded, it may be the way 'the path of the law' will ultimately evolve.

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