Sean T. Strauss

SCOTUS Smackdown: In Amgen v. Harris, the Supreme Court Reverses the Ninth Circuit a Second Time and Reaffirms Special Pleading Standard Applicable in ERISA Stock Drop Cases

SEAN T. STRAUSS, February 2016 – On January 25, 2016, the U.S. Supreme Court in Amgen Inc. v. Harris held that the Ninth Circuit Court of Appeals failed to properly implement the Supreme Court’s pleading standards for a complaint that alleged breaches of fiduciary duty related to retirement plans’ investment in employer stock. In a […]

Gabriel Revisited

SEAN T. STRAUSS, December 2014 — In our June 2014 newsletter, we discussed the Ninth Circuit’s decision in Gabriel v. Alaska Electrical Pension Fund, 755 F.3d 647 (9th Cir. 2014). Following a petition for rehearing, the Ninth Circuit recently withdrew its earlier opinion and issued a new decision. See, Gabriel v. Alaska Electrical Pension Fund, […]

Not So Much: The Ninth Circuit Clarifies Whether the Supreme Court’s Decision in Amara Vastly Expanded Remedies Available Under ERISA § 502(a)(3)

SEAN T. STRAUSS, June 2014 — In Gabriel v. Alaska Electrical Pension Fund, — F.3d —, 2014 WL 2535469 (9th Cir. June 6, 2014), the Ninth Circuit provided its most comprehensive discussion to date of the scope of remedies available to plaintiffs seeking “appropriate equitable relief” pursuant to ERISA § 502(a)(3) (29 U.S.C. § 1132(a)(3)) […]