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11th Cir 1st Cir 2d Cir 9th Cir ADEA agreement allegedly amended appeal apply arbitration argued asserted attorney award benefits breach cash balance plan Circuit affirmed Circuit held claims class action clause Commission complaint contract Corp corporate court concluded court found court held court noted court rejected damages decision defendant's defendants determined Dicom directors discrimination employee employment enforcement ERISA evidence Exchange Act fact fees fiduciary duty filed FMLA fraud fraudulent funds harassment infringement investment investors Issues Decided JDSU jurisdiction jury KPMG Lanham Act liability limited Litigation loss causation ment motion to dismiss NASD Ninth Circuit NovaStar parties partnership plaintiff plaintiff failed Plaintiffs alleged plead PSLRA reasonable Rule scienter Scrushy Second Circuit Section 10(b Seventh Circuit statements statute statute of limitations sued summary judgment Supp Supreme Court terminated tiff tion Title VII trademark transaction trial court violation