The Federalist Society

SCOTUScast 4-29-08 featuring Shay Dvoretzky

LaRue v. DeWolff and Sprint/United Management Co v. Mendelsohn

April 29, 2008

Shay Dvoretzky

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 SCOTUScast 4-29-08 featuring Shay Dvoretzky - MP3*
Running Time: 00:16:09

*Please note that the pronunciation of Mr. Dvoretzky's name is wrong in the  introduction of this podcast. His first name is pronounced "Shy" and not  "Shea." Our apologies to both Mr. Dvoretzky and our listeners.

Bio for Shay Dvoretzky

On February 20, 2008, the Supreme Court decided LaRue v. DeWolff,  holding that although §502(a)(2) of ERISA does not provide a remedy for individual injuries distinct from plan injuries, it does authorize recovery for fiduciary breaches that impair the value of plan assets in a participant’s individual account. On February 26, 2008, in Sprint/United Management Co v. Mendelsohn, an employment discrimination case involving the admissibility of testimony by non-plaintiff employees regarding the conduct of other supervisors not alleged to have engaged in discriminatory behavior toward the plaintiff, the Court ruled that when the Tenth Circuit ruled that the district court had erred in excluding this evidence, the Court of Appeals itself erred in concluding that the District Court applied a per se rule and thus improperly engaged in its own analysis of the relevant factors under Rules 401 and 403, rather than remanding the case for the District Court to clarify its ruling. Shay Dvoretzky of Jones Day discusses these two employment law decisions.


Oral Argument for LaRue v. DeWolff - November 26, 2007:


Decision for LaRue v. DeWolff - February 20, 2008:



Oral Argument for Sprint/United Management Co v. Mendelsohn - December 3, 2007:


Decision for Sprint/United Management Co v. Mendelsohn - February 26, 2008:


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