Wednesday, February 24th, 2010...9:37 am
Alaska Legal Miscellanea: ERISA and FCRA
Defenses to ERISA fiduciary claims: U. S. District Judge John Sedwick participated in a 9th Circuit panel’s affirmance of dismissal of a multi-employer plan’s affirmative defenses of statute of limitations, laches, and unclean hands. Trustees of the So. Cal. Bakery Drivers Sec. Fund v. Middleton, 2010 WL _____ (9th Cir. Feb. 22, 2010)(unpub.)
FCRA: District of Alaska Chief Judge Ralph Beistline sat on a 9th Circuit panel that affirmed dismissal of claims under the Fair Credit Reporting Act. The panel affirmed the dismissal of the claim against a credit reporting agency for failure to investigate inaccurate information, because the consumer’s letter to the agency hadn’t specified the alleged error. It affirmed the dismissal of the claim against the the furnisher of credit information - a bank - because the agency hadn’t advised the furnisher of the alleged error. Herisko v. Bank of America, 2010 WL _______ (9th Cir. Feb. 23, 2010)(unpub.)
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