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Benefits
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April 21, 2025
Trucking Co. Still Owes Most Of $10M Pension Bill, Court Told
A Michigan-based trucking company has stopped making payments toward a $10 million bill owed to a Teamsters pension fund after partially withdrawing from the plan, the fund said in a complaint filed Monday in Illinois federal court.
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April 21, 2025
X Gets Arbitral Awards Booted From Workers' Severance Case
The arbitration awards a group of X workers tried to present to a Delaware federal court don't add anything to their suit claiming the social media platform owes them additional severance payments, the court ruled, striking them from the docket.
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April 21, 2025
Unions Score Block On Orders To Fire Probationary Workers
A California federal judge blocked the Office of Personnel Management from ordering federal agencies to fire probationary employees and stopped several agencies from heeding its directives, but he declined to order them to rehire the workers they've already let go.
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April 21, 2025
Justices Mull 5th Circ. Redo In ACA Preventive Care Fight
The U.S. Supreme Court on Monday appeared skeptical of a Fifth Circuit ruling that found members of a task force setting preventive services coverage requirements under the Affordable Care Act were unconstitutionally appointed, with multiple justices suggesting kicking the case back down to the circuit court for additional arguments.
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April 21, 2025
High Court Wants SG's Input On Home Depot ERISA Case
The nation's highest court asked the U.S. solicitor general Monday to opine on whether it should hear a retirement plan mismanagement case from Home Depot workers who say the Eleventh Circuit wrongly required them to link financial losses to alleged breaches of fiduciary duty.
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April 19, 2025
Up Next At High Court: Preventive Healthcare, LGBTQ Books
The U.S. Supreme Court will hear arguments in five cases this week, including disputes over the constitutionality of a task force that sets preventive healthcare coverage requirements, a school district's introduction of LGBTQ-themed storybooks and whether parties can establish standing based on harms affecting third parties.
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April 18, 2025
High Court's Cornell Ruling Eases Path For ERISA Suits
The U.S. Supreme Court's revival of Cornell University workers' class action alleging excessive retirement plan fees will likely spur a rise in lawsuits zeroing in on employers' arrangements with recordkeepers and other service providers, and could make those cases tougher to knock out of court, attorneys say.
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April 18, 2025
Whole Foods Strikes Deal In Sweeping 401(k) Fee Suit
Whole Foods reached an agreement to end a class action alleging its failure to keep its 401(k) plan's administrative fees in check cost a class of roughly 97,000 workers millions of dollars in retirement savings, the Amazon-owned grocer told a Texas federal court.
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April 18, 2025
'Bizarre' Santos Posts Show He's Still 'Unrepentant,' Feds Say
Prosecutors told a Brooklyn federal judge that former U.S. Rep. George Santos' social media activity shows that he's "unrepentant" for his admitted crimes, reiterating their request for a prison sentence of more than seven years.
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April 18, 2025
PBMs Press 8th Circ. Bid To Pause FTC Case
The nation's "Big Three" pharmacy benefit managers are asking the Eighth Circuit to pause the Federal Trade Commission's in-house insulin price-fixing case against them, saying that their constitutional challenge to the commission's administrative proceeding process should be fully heard before the in-house case moves forward.
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April 18, 2025
Buchanan Ingersoll Faces DQ Bid Over Former GC's Role
Buchanan Ingersoll & Rooney PC attorneys defending Amerilife should be disqualified for allegedly running "roughshod" over ethical rules by using a former general counsel of a retirement planning agency to gain an upper hand in a dispute in a Florida federal court, according to a bid to boot the firm from the case.
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April 18, 2025
Mass General Inks $8.25M Deal To End Retirement Fee Suit
Boston-based healthcare system Mass General Brigham Inc. agreed to pay $8.25 million to settle a proposed class action alleging it unlawfully allowed its employee retirement plan to pay excessive administrative fees, according to a filing in Massachusetts federal court.
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April 17, 2025
Judge Warns Rocket Cos. Investor: Seek Cert. At 'Own Peril'
A Michigan federal judge on Thursday said a pension fund trying to take over as lead plaintiff in a suit against mortgage business Rocket Companies Inc. does not need the court's permission to file a renewed class certification motion, but it "does so at its own peril."
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April 17, 2025
Arkansas Bans PBMs From Owning Pharmacies
Pharmacy benefit managers operating in Arkansas will soon be prohibited from owning pharmacies in the state after Gov. Sarah Huckabee Sanders signed a bill that lawmakers say is meant to minimize conflicts of interest and safeguard patients.
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April 17, 2025
Carlton Fields Adds Eversheds Retirement Atty To DC Team
Carlton Fields has hired a longtime Eversheds Sutherland financial services partner, according to an announcement Wednesday, who is bringing a practice focused on ensuring clients comply with retirement plan laws and their fiduciary duties.
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April 17, 2025
Akerman Sues To Block Malpractice Claim, Secure $750K Fees
Akerman LLP sued the healthcare services company Rennova Health Inc. and three medical laboratories in Florida state court this week, alleging that they owe the firm about $750,000 in unpaid fees and are now threatening to sue the firm for malpractice even though they have already released any claims.
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April 17, 2025
Justices Revive Cornell Workers' ERISA Fee Suit
The U.S. Supreme Court revived a class action Thursday from Cornell University workers who said their retirement plans were saddled with excessive fees, finding the Second Circuit shouldn't have nixed their claim that the plans' arrangements with recordkeepers violated federal benefits law.
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April 16, 2025
Southwest Moves Union's Sick Leave Fight To Federal Court
Southwest Airlines has moved a union lawsuit challenging its sick leave settlement with the state of Colorado to federal court, after the union amended its complaint to add a proposed class of flight attendants also challenging the deal.
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April 16, 2025
Computer Equipment Co. Wants Suit Over Sales Decline Axed
Cloud network equipment company Extreme Networks Inc. has asked a federal judge in California to toss a lawsuit alleging it misled investors about its financial prospects and declining client demand during the COVID-19 pandemic, arguing the existence of undisclosed information, by itself, is not misleading.
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April 16, 2025
Koch, Chicken Buyers Spar Over $75M Deal Challenge
Restaurants challenging $75 million in settlements inked in the broiler chicken price-fixing litigation with Koch Foods Inc. and House of Raeford Farms Inc. told the Seventh Circuit the appeal should succeed because it includes more detail than a recently rejected challenge of a smaller deal with Simmons Foods Inc.
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April 16, 2025
Workers Hit Fast-Food Co. With Nicotine Fee Suit
The parent company of popular fast-food chains Arby's, Sonic and Dunkin' has been hit with a proposed class action from workers alleging that the company's fee on the health plans of employees who self-disclosed using nicotine violated federal benefits law.
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April 16, 2025
IRS Owes Worker A Refund On 401(k) Loan, Suit Says
The IRS is refusing to send money back to a worker who said a paid-off 401(k) loan was mistakenly counted as income in his tax return, according to a suit filed in Missouri federal court.
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April 16, 2025
Pa. Judge Cuts Atty Fees To $950K In ERISA Deal Final OK
A federal judge in Pennsylvania has ruled that counsel representing two union elevator industry workers should be awarded $950,000 in legal fees, down from the attorneys' initial request of $1.7 million for settling a nearly 30,000-member class action over the management of a union 401(k) plan.
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April 16, 2025
UnitedHealthcare Owes $1M Medicare Shortfall, Hospital Says
UnitedHealthcare owes Connecticut's Danbury Hospital more than $1 million after bungling local Medicare Advantage cost calculations and refusing to correct its payment errors after the hospital provided notice of the problem, the healthcare facility alleged in a state court lawsuit.
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April 15, 2025
Google Failed To Pay $2M In Commissions, Ex-Sales Rep Says
A former Google Cloud unit salesperson alleged the company blocked him from receiving $2 million in commissions after he landed a $35 million contract with Otis Elevator and fired him while he underwent cancer treatment to avoid paying out nearly $3 million in life insurance benefits.
Expert Analysis
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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The Challenges Of Abandoned Retirement Plans In Ch. 7
The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.
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Best Practices For Effective Employee Assistance Programs
Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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6th Circ. Ruling Prevents Disability Insurer Overreach
The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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How Expanded Birth Control Coverage May Affect Employers
Employers should consider the potential impact of recently proposed regulations that would expand group health plans' required coverage of preventive services and contraceptives, including questions about how the agencies would implement their plans to eliminate the prescription requirement and alter the exceptions process, says Jennifer Rigterink at Proskauer.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.