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Tag Archives: 4th U.S. Circuit Court of Appeals

No ERISA Claim Against BOA Benefits Committee (access required)

The 4th Circuit upholds dismissal of a putative class claim by participants in two BOA retirement plans, alleging defendant members of the Bank’s Corporate Benefits Committee breached their ERISA fiduciary duties by putting Bank-affiliated mutual funds in the Bank’s 401(k) ...

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No FCA Claim from ‘Off-Label’ Marketing (access required)

A pharmaceutical company employee has not stated a claim under the False Claims Act with general allegations that the company’s marketing of its “off-label” prescriptions and unnecessarily high-dose prescriptions of the company’s Kapidex drug necessarily meant that false claims for ...

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No Pregnancy Discrimination in UPS Driver Policy (access required)

Although plaintiff UPS driver alleges the company was liable for pregnancy discrimination because it had a policy that accommodated some disabled employees but not similarly situated pregnant workers, the 4th Circuit upholds summary judgment for UPS, based on its pregnancy-neutral ...

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No Standing to Challenge Firearm Sales Limits (access required)

Appellants, including the Second Amendment Foundation, lose their pre-enforcement challenge to the constitutionality of a federal statute restricting interstate transfers of handguns (18 U.S.C. § 922(b)(3)); a federal regulation implementing that statute (27 C.F.R. § 478.99); and a Virginia law ...

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