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Proposed Legislation Would Postpone Discovery in ERISA Litigation
Phelps Dunbar LLP
Jan. 16, 2026 "The [ERISA Litigation Reform Act (HR 6084)] would impose a stay on discovery once a defendant files a motion to dismiss under Rule 12 in any action against a plan or its fiduciaries under Section 502. The stay would be automatic unless the court finds that particularized discovery is necessary to preserve evidence or prevent undue prejudice. The bill would also impose document preservation obligations during the pendency of the stay." MORE >> |
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