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Court Allows Discovery in ERISA Case Based on 'Information and Belief' Allegations That Plaintiff Merely Believed to Be True
Seyfarth 
May 7, 2021 "[W]hile the Supreme Court has made it more difficult under some circumstances for ERISA plaintiffs to withstand motions to dismiss, district courts may still favor discovery over dismissal. Individual district courts may decide to encourage settlement and preclude appellate review by allowing claims to continue, even when the allegations are based on information that a plaintiff merely believes to be true." [Teamsters Local Union No. 727 Health and Welfare Fund v. De La Torre Funeral Home & Cremation Services, Inc., No. 19-6082 (N.D. Ill. Mar. 5, 2021)] |
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