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Benefits
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April 15, 2025
Anthem Strikes Deal To End Mental Health Class Action
Anthem agreed to settle a class action from participants in employee health plans the insurer administered who alleged that coverage denials for inpatient mental health and substance use disorder treatments violated federal benefits and metal health parity laws, the parties told a New York federal court Tuesday.
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April 15, 2025
Research Co. Inks $7.15M Deal To End Stock Plan Suit
A genomic research company agreed to pay $7.15 million to resolve a suit claiming it shorted former workers enrolled in an employee stock ownership plan when it required them to sell their shares back to the company, according to filings in Massachusetts federal court.
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April 14, 2025
Giant Eagle Agrees To Settle Ex-Worker's ERISA Suit
Grocery store chain Giant Eagle Inc. has reached a settlement with a former employee resolving a proposed Employee Retirement Income Security Act class action accusing the company of wasting millions of dollars of retirement plan participants' funds, according to a notice filed Monday.
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April 14, 2025
Workers Want Countertop Co. Found Liable For Lapsed Benefits
Participants in a countertop contractor's employee benefit plan urged a Georgia federal court Friday to grant them a partial win in their proposed class action alleging All Concepts LLC, its related home services company and two of its fiduciaries' failure to send premium payments to insurers meant the plans couldn't pay their benefits.
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April 14, 2025
Ark. PBM Regulation Violates ERISA, Teamsters Fund Says
An Arkansas insurance regulation forcing health plans to turn over information about reimbursement rates negotiated by pharmacy benefit managers, or PBMs, conflicts with federal benefits law, a Teamsters healthcare fund claimed, urging an Illinois federal court to block the state from enforcing the rule.
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April 14, 2025
Judge Threatens Penalties Over Late Report In Fla. Fee Suit
A Florida federal judge threatened parties in a federal proposed class action over excessive fees charged to maintain retirement savings plans, warning there will be sanctions if they do not respond to an order to show why they failed to timely file a case management report.
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April 14, 2025
7th Circ. Won't Transfer Honeywell Pension Suit To NC
The Seventh Circuit turned down Honeywell's bid to transfer a retiree's proposed class action alleging pension plan miscalculations from Illinois to North Carolina, finding the aerospace manufacturer's request for extraordinary appellate court relief was not justified.
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April 11, 2025
USDA, White Farmers Clash Over Disaster Aid Remedy
The U.S. Department of Agriculture and a group of white Texas farmers are clashing over how the agency should remedy its allegedly unlawful prioritization of minority groups as a part of a distribution scheme for disaster assistance and pandemic relief programs.
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April 11, 2025
3rd Circ. Urged To Rethink Teamsters Fund's Win In $39M Row
Affiliates of a bankrupt dairy business are urging the Third Circuit to hold a full court rehearing on its split panel decision that a Teamsters union pension fund can sue them to enforce a $39 million settlement, arguing the law "simply does not say" what the majority ruled it says.
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April 11, 2025
Ex-BofA Worker Seeks Class Status Over Unpaid PTO
Bank of America applies the same nationwide policy of not paying unused vacation time when employees part ways with the company, a former lending officer said, urging a California federal court to grant her case class certification.
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April 11, 2025
EPA Workers Allege Discrimination Over Indefinite Leave
U.S. Environmental Protection Agency employees dedicated to working on issues facing poor and minority communities exposed to disproportionate pollution say in a new complaint that the EPA is discriminating against them by forcing them into indefinite leave.
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April 11, 2025
Mich. Co. Kept Truckers In Dark About Healthcare, Union Says
A Detroit trucking company's union contract required it to provide its workers with health insurance, but the company didn't take the necessary steps to ensure that employees signed up, a Teamsters local told a Michigan federal judge, seeking to compel the company to provide the benefit.
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April 10, 2025
Elevance Beats Teacher's Bias Suit Over Weight Loss Drugs
A Maine federal judge tossed a teacher's proposed class action claiming health insurer Elevance committed disability discrimination by declining to cover weight loss medication to treat obesity, finding she hadn't shown bias was behind her health plan's refusal to pay for the drugs.
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April 10, 2025
Amazon Worker's Brother Denied Win In Life Insurance Fight
The children of an Amazon worker can proceed with their claim that their uncle exercised "undue influence" to get named as a beneficiary on their father's life insurance plan, an Ohio federal judge said Thursday, noting the Employee Retirement Income Security Act did not preempt the allegations.
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April 10, 2025
Congressional Bill Would Amend FMLA To Bar Clawbacks
Employers would be forbidden to recover health insurance costs from workers who use the federal Family and Medical Leave Act and then choose not to return to work under a bill introduced in Congress.
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April 10, 2025
Ill. Ambulance Co. Accused Of Denying Overtime Pay
An Illinois ambulance services company runs afoul of state and federal wage and hour laws by paying employees overtime wages only when they work more than 80 hours in a two-week period, thus denying the workers some of their overtime pay, a proposed class and collective action filed in federal court said.
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April 10, 2025
Kroger Customers Get Certification In Prescription Billing Suit
An Ohio federal judge certified three classes of Kroger pharmacy customers claiming they paid inflated co-pays for insured prescriptions, reasoning that the customers' claims raised common issues of law.
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April 09, 2025
'Evasive' Unions Told To List Fired Probationary Workers
The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."
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April 09, 2025
Mass. Justices Asked To Raise Bar For Pension, Benefit Loss
Massachusetts' highest court was asked on Wednesday to adopt a more expansive interpretation of what constitutes cruel or unusual punishment or an excessive fine in the case of a former state trooper whose $1 million public pension and healthcare benefits were forfeited after his conviction in an overtime fraud case.
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April 09, 2025
Data Co. Can't Make DOL Accept Health Plan, Judge Says
A data-mining company can't force the U.S. Department of Labor to acknowledge that a health insurance plan offered in exchange for participants' user data is covered by federal benefits law, a Texas federal judge ruled, saying the case's thin record prevented the court from deciding issues the Fifth Circuit told it to consider.
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April 09, 2025
Twitter Seeks To Strike Arbitrations In Severance Fight
Fifteen individual arbitration awards don't add anything to workers' claims seeking additional severance payments from X, the social media platform argued, urging a Delaware federal court to strike them from the docket.
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April 09, 2025
Mortgage Co. Can't Toss 401(k) Mismanagement Suit
A North Carolina federal judge refused to toss a proposed class action against Republic Mortgage Insurance Co. from an ex-worker who alleged his 401(k) plan was mismanaged, finding allegations were backed up with enough evidence to proceed to discovery.
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April 08, 2025
Jenner & Block, WilmerHale Seek Shutdown Of Trump Orders
Jenner & Block LLP and WilmerHale on Tuesday asked Washington, D.C., federal judges for permanent court orders blocking President Donald Trump's executive orders targeting the firms, saying the directives threaten the firms, their clients and the entire legal system.
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April 08, 2025
Pa. Justices Probe Limits To Workers' Comp Immunity
Pennsylvania's Supreme Court questioned the fairness of state law offering broad immunity from liability to co-workers in workers' compensation cases, especially when injuries stemmed from acts that weren't immediately part of the job, as a company co-owner argued Tuesday that the "straightforward" language in the law gives him that protection.
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April 08, 2025
Starbucks Tears Into Missouri AG's 'Defective' DEI Lawsuit
Starbucks urged a Missouri federal judge to toss a suit from the state's attorney general claiming the company employs diversity quotas that discriminate against white and male applicants, arguing the state hasn't presented any evidence that its diversity, equity and inclusion policies have negatively affected Missourians.
Expert Analysis
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Opinion
DOL's Impending Mental Health Act Regs Should Be Simplified
The U.S. Department of Labor should consider revising these six issues in its forthcoming Mental Health Parity and Addiction Equity Act regulations to ease the significant compliance hurdles for group health plan sponsors, says Alden Bianchi at McDermott.
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Opinion
Texas Judges Ignored ERISA's Core To Stall Fiduciary Rule
Two recent rulings from Texas federal courts, which rely on a plainly wrong reading of the Employee Retirement Income Security Act to effectively strike a forthcoming rule that would impose functional fiduciary duties onto sellers of investment services, may expose financially unsophisticated 401(k) participants to peddlers of misleading advice, says Mark DeBofsky at DeBofsky Law.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Del. Dispatch: Director Caremark Claims Need Extreme Facts
The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.
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Parsing NJ Court's Rationale For Denying Lipitor Class Cert.
A New Jersey federal court's recent Lipitor rulings granting summary judgment and denying motions for class certification for two plaintiff classes offer insight into the level of rigorous analysis required by both parties and their experts to satisfy the requirements of class certification, says Catia Twal at Edgeworth Economics.
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Series
After Chevron: Challenges Loom For PBGC Actions
After Loper Bright, two recent actions taken by the Pension Benefit Guaranty Corp. already under scrutiny seem destined to be challenged and resolved under the new standard of judicial deference, which will greatly affect employers with potential withdrawal liability exposure, say Robert Perry and David Pixley at Jackson Lewis.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.