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Benefits
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November 04, 2025
Bally's Escapes ERISA Suit Over Tobacco Surcharge
Casino operator Bally's defeated a proposed class action alleging workers who use tobacco were unlawfully overcharged for health benefits, with a Rhode Island federal judge ruling Tuesday that federal law doesn't require retroactive reimbursement of plan participants' fees after completion of a tobacco cessation program.
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November 04, 2025
Ex-Employees Accuse Colo. Solar Firm Of Equity Fraud
Former employees of a Denver-based solar and storage development company allege it committed fraud by promising them nearly $2 million in private equity in the company but later slashing the value to avoid properly compensating them after laying off the pair, according to a suit filed in Colorado state court.
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November 04, 2025
Chem Cos. Urge 3rd Circ. To Scrap ERISA Ruling Over Spinoff
Chemical companies Corteva Inc. and DuPont urged the Third Circuit Tuesday to upend a verdict in favor of employees who claimed they were misled about how a merger and spinoff would affect their retirement benefits, arguing plan participants' confusion and disappointment can't be remedied under federal benefits law.
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November 04, 2025
9th Circ. Revives Ore. Right To Life Suit: 3 Things To Know
A divided Ninth Circuit panel sided with an Oregon anti-abortion group last week and reinstated its lawsuit challenging a state law that requires health plans to cover abortion and contraceptives.
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November 04, 2025
3rd Circ. Won't Rethink Reversing Union's $3.5M Pension Win
The Third Circuit on Tuesday refused to rethink its earlier decision to reverse a $3.5 million win for a pipe fitters and plumbers union in a dispute with a commercial real estate company over pension contributions related to overtime hours.
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November 03, 2025
2nd Circ. Urged To Revive Norfolk Southern Fraud Suit
The Second Circuit was told Friday that a proposed securities fraud class action against Norfolk Southern Corp. investors should be revived, as the rail giant misled investors by falsely extolling safety commitments while the company winnowed its workforce and cut costs.
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November 03, 2025
3rd Circ. Weighs Arbitration Of Union Withdrawal Liability Suit
The Third Circuit on Monday seemed inclined to reopen a dispute between two companies and a union over an $800,000 pension withdrawal bill, with judges questioning whether the parties must first arbitrate disputes about the timeliness of liability notices from the union.
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November 03, 2025
New Loan Forgiveness Rule Targets Trump Critics, States Say
Two lawsuits filed Monday, one by a coalition of states and the other by a group of cities, unions and advocacy organizations, are challenging a new Trump administration rule imposing "intentionally vague" and allegedly illegal restrictions on student loan forgiveness for public employees intended to stifle dissent.
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November 03, 2025
Catching Up With Delaware's Chancery Court
From billion-dollar pharma feuds to shifting equity deadlines, Delaware's courts saw another week of battles over mergers, fiduciary duty and judicial limits.
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November 03, 2025
Michael Best Adds Ex-Electric Cooperative Assistant GC
The former assistant general counsel of a national nonprofit that promotes the interests of consumer-owned electric cooperatives has joined Michael Best & Friedrich LLP as a senior counsel focused on labor, employment and benefits issues.
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October 31, 2025
Aetna Strikes $650K Deal In Lipedema Patients' Coverage Suit
Aetna has agreed to pay up to $650,000 to resolve a class action claiming it unlawfully refused to cover liposuction for over two dozen patients with a rare condition called lipedema, according to a filing in California federal court.
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October 31, 2025
Bayer Investors Get Final OK For $38M Settlement, Atty Fees
A California federal judge has finalized a $38 million settlement between Germany-based Bayer AG and a class of investors who claim the company deceived them about the litigation risks of acquiring Roundup producer Monsanto, with the lead plaintiffs' attorney saying the deal reaffirmed investors' ability to hold foreign companies responsible for violating U.S. securities laws.
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October 31, 2025
Plumbing Co. Reaches $1.8M Deal In 401(k) Forfeiture Suit
A plumbing supply company has agreed to pay $1.8 million to close a suit claiming it allowed its $2.6 billion retirement plan to be bogged down by excessive management fees and pricey investment funds, according to a California federal court filing.
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October 31, 2025
Garnet Health Inks $4.6M Deal In Retirement Fee, Fund Suit
Garnet Health Medical Center has agreed to fork over $4.6 million to end a proposed class action alleging the New York healthcare network mismanaged employee retirement plan fees and investments, according to settlement documents filed by workers Friday in New York federal court.
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October 31, 2025
Obesity Drugmaker Escapes Clinical Trial Securities Suit
Biopharmaceutical company BioAge Labs Inc. has, for now, escaped a suit alleging investors were hurt by plummeting share prices after the company unexpectedly halted a clinical trial for a weight loss drug, saying that the investors failed to plausibly show the company did not properly disclose risks to the trial.
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October 31, 2025
3 Argument Sessions Benefits Attys Should Watch In Nov.
The Third Circuit will hear a union's appeal in a withdrawal liability battle, a union health plan defends its partial win in a coverage fight at the Ninth Circuit, and pharmacy benefit managers will take a challenge to the Federal Trade Commission's authority to the full Eighth Circuit. Here are three arguments to keep an eye on in November.
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October 30, 2025
Philly Accuses PBMs Of Knowingly Enabling Opioid Crisis
Philadelphia on Thursday sued CVS Caremark, Express Scripts and Optum, accusing the pharmacy benefit managers of contributing to the city's opioid epidemic via deceptive marketing and conspiring with drugmakers to increase the sale of OxyContin and other prescription opioids.
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October 30, 2025
NC Justices Asked To Weigh In On Solar Co.'s Insurance Fight
A solar panel company urged the North Carolina Supreme Court to review its failed attempt to vacate a $1.4 million judgment it was ordered to pay an insurer, arguing that a lower court's opinion unduly narrows rules on vacating default judgments.
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October 30, 2025
Tribes Act As Shutdown Threatens Food, Health Services
With Supplemental Assistance Nutrition Program funding set to expire on Friday, at least four Indigenous nations have declared states of emergency, saying the stalemate between U.S. politicians is impacting vital services and benefits that are threatening their welfare.
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October 30, 2025
Pension Fund Says Yellow Plan Can't Reserve Claim Argument
A Teamsters pension fund is urging the Delaware bankruptcy court to reject Yellow Corp.'s liquidation plan, arguing the trucking company is reserving potential arguments against the fund's $17.8 million claim that have already been resolved and discharged.
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October 30, 2025
7th Circ. Seems Skeptical Of Alcoa Retirees' Benefits Win
The Seventh Circuit appeared open Thursday to unraveling trial court orders that required metals giant Alcoa to provide lifetime healthcare benefits to union retirees, with judges picking apart different aspects of the lower court's judicial estoppel analysis.
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October 30, 2025
Surgical Co. Gets Tobacco Fee ERISA Suit Kicked To Texas
A proposed class action alleging that a surgical center operator discriminated against workers who use tobacco by making them pay more for health coverage belongs in Texas, a Kentucky federal judge said, ruling that the business doesn't have enough connection to Kentucky.
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October 29, 2025
ZoomInfo Must Face Investors' Accounting Fraud Suit
A Washington federal judge is allowing investors in software provider ZoomInfo Technologies Inc. to move forward with claims that the company acted to conceal post-pandemic customer losses, but threw out allegations against controlling shareholders that the judge said lacked a factual basis.
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October 29, 2025
Del. Justices Mull Call To Revive Amazon-Blue Origin Suit
An Amazon.com stockholder attorney told Delaware's justices on Wednesday that the company's board "failed to do a thing" as founder Jeff Bezos convinced directors to pump billions into the Blue Origin space launch business with purportedly scant oversight, looking to salvage a Court of Chancery derivative suit dismissed in January.
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October 29, 2025
Ohio Justices Revisiting Governor's Pandemic Aid Withdrawal
Ohio's participation in temporarily enhanced unemployment benefits during the early days of the COVID-19 pandemic will again go before the Ohio Supreme Court after the governor petitioned for review, arguing that state law doesn't force him to seek certain federal funds.
Expert Analysis
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Cos. Should Review Pay Strategies In Light Of 2025 Tariffs
Companies should think about what they can or should do to ensure the ongoing effectiveness of their compensation plans in light of rising material costs, reduced profit margins, market volatility and other impacts of the Trump administration’s evolving tariff regime, say attorneys at Cooley.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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ERISA Forecast After Diverging Pension Risk Transfer Rulings
Two district courts' split decisions on whether plaintiffs had standing in class actions challenging pension risk transfer transactions, amid a swath of similar suits, provide an early indication of how courts might rule in this new wave of Employee Retirement Income Security Act litigation, say attorneys at Gibson Dunn.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.