Lyft cannot rely on disputed arbitration agreements to continue flouting Massachusetts law by classifying its drivers as independent contractors, the drivers have told the First Circuit in their bid to reverse a lower court's decision denying them injunctions that would deem them employees.
A West Virginia health plan says is should not have to face a proposed class action challenging state provisions that deny coverage for transgender people, saying it doesn't have to conform with the Affordable Care Act's nondiscrimination clause.
Surges in COVID-19 cases led to renewed restrictions in Delaware, Massachusetts and New York this past week, while the pandemic also steered new guidance for New Jersey public schools and a workforce development boost in Pennsylvania.
The Pharmaceutical Care Management Association has asked the U.S. Supreme Court to vacate its successful Eighth Circuit challenge to North Dakota's regulation of the pharmacy benefit manager industry, saying it agrees with the state that the case needs revisiting in light of a recent high court decision.
Holland & Knight LLP is "playing both sides" in a $17 million personal injury protection fraud suit in Florida federal court, a defendant argued Monday, saying the firm is conflicted and must be disqualified.
Two Arizona transgender teenagers asked a U.S. district judge to certify a class of young Arizonans on Medicaid who need male chest reconstruction surgery, saying they all face discrimination under the state's blanket exclusion on paying for transition-related surgeries.
The Ninth Circuit partially revived a shareholder suit Monday alleging generic-drug maker Impax Laboratories Inc. participated in a price-fixing scheme that led to a dip in the company's stock price, finding that the investors sufficiently alleged the cause of some of their economic losses but missed the mark on others.
A Bakery, Confectionary & Tobacco Workers and Grain Millers International Union local discriminated against and failed to represent a Frito-Lay Inc. worker by not showing him documents that would have convinced him to accept a severance package, according to a lawsuit filed Monday in Kansas federal court.
The U.S. Supreme Court won't review Cigna's Fifth Circuit win in an ERISA suit that accused the insurer of underpaying a Texas hospital by more than $40 million for insured patients' care, the justices said Monday.
Pilgrim's Pride on Monday became the largest chicken producer yet to settle out of part of a massive price-fixing case in Illinois federal court that's also targeted the likes of Tyson Foods and Perdue.
BP urged a Texas federal court to toss the remainder of a proposed class action brought by retirees challenging changes to a pension plan BP made more than 30 years ago, arguing that the company was honest about the changes.
DST Systems Inc.'s workers and retirees have struck deals totaling roughly $79 million to settle a proposed ERISA class action accusing their employer, the investment adviser Ruane Cunniff & Goldfarb Inc. and Ruane's CEO of unwisely investing their retirement savings.
Joe Biden's election as president has sparked hope among criminal justice advocates and organizations that his administration will overhaul the U.S. criminal justice system and implement reforms they have been seeking for years.
Cannabis company MedMen is fighting back against its former chief financial officer's demand for more than $100,000 in legal fees, saying a California judge's order siding with the executive doesn't mean the company has to pay up now.
Last year, the U.S. Supreme Court punted on a question that has vexed benefits litigators since 2014: What does it take for an ERISA stock-drop suit to withstand a dismissal motion? Now, Wells Fargo employees want the justices to resolve this issue once and for all, in a ruling that could have a seismic impact on how many of these cases make it to trial.
A carpenter who worked for Hawaii's government had his claims for disability retirement benefits revived by the state's supreme court, which ruled on Friday that the Aloha State's benefits board was unfairly strict with how he wrote his appeal of a board decision.
Pomerantz LLP asked a Pennsylvania federal judge Thursday to appoint it the new lead counsel in a proposed securities class action accusing Endo International PLC of artificially inflating its stock price, after the court highlighted issues with the Chicago pension fund currently serving as lead plaintiff.
A Florida federal judge has signed off on a settlement that will provide up to two months' severance pay for former employees of a Bahamas cruise ship operator who were terminated when the cruise industry shut down because of the COVID-19 pandemic.
The Ninth Circuit has refused to revive a union member's proposed class action against his pension fund over its alleged failure to prevent a $73 million loss, saying he was asking for relief the court could not grant.
A California federal judge said during a hearing Thursday he's inclined to leave mostly intact an amended complaint brought by a former Juul Labs Inc. manager alleging the e-cigarette giant uses nondisclosure agreements to stifle whistleblowing, saying the ex-employee's second go-round is specific enough to survive dismissal.
Greystar Management Services LP has inked a deal to settle a proposed Employee Retirement Income Security Act class action challenging its 401(k) plan's investments and fees, the real estate manager and a potential class of current and former workers have told a Texas federal judge.
A Colorado federal judge has tossed a proposed class action claiming ski resort Vail Corp. mishandled its 401(k) plan by offering workers expensive, underperforming mutual funds, ruling that criticizing the performance of allegedly unwise investment options wasn't enough to keep the case in court.
The Pension Benefit Guaranty Corp. released a final rule Thursday that outlines an easier way to calculate the withdrawal liability of employers that pull out of union pension plans.
The U.S. Equal Employment Opportunity Commission on Thursday unveiled a proposed rule governing what employers can do to encourage workers to join corporate wellness programs, suggesting businesses offer smaller incentives to stay in line with federal anti-discrimination laws.
The worker classification rule finalized by the U.S. Department of Labor on Wednesday allows employers to offer independent contractors benefits without triggering employee status, creating new opportunities for companies to provide incentives — as long as they're careful to mind the rule's other provisions.
With law firms likely to see longtime clients roll out requests for proposal amid cost-cutting strategies this year, relationship partners can ensure they don't lose their clients by taking five critical actions during the response process, says Matthew Prinn at RFP Advisory.
As the pandemic rages on, 2021 promises more COVID-19-related securities litigation, as well as significant developments in the law related to federal forum provisions; environmental, social and governance-based derivative lawsuits; disclosure standards; and the presumption of reliance in class certification, say attorneys at Willkie.
After a brief break in the multiyear streak of increasing law firm mergers, 2021 seems poised for a return to normal, with acquisitions involving small firms — those with under 400 lawyers — likely to dominate, says Peter Zeughauser at Zeughauser Group.
Trends from a record-setting year for Employee Retirement Income Security Act litigation show no signs of slowing down in 2021, with more excessive fee claims targeting smaller plans, health coverage continuation notice lawsuits, and challenges to defined benefit plans’ actuarial assumptions likely on the horizon, say attorneys at Groom Law.
Popular legal industry guest articles this year included commentary on white privilege in BigLaw, the pandemic's outsize impact on female lawyers, and business development in a socially distanced world.
Courtney Hudson and Megan Senese at Pillsbury offer tips on how law firms can utilize podcasts to deliver important legal insights to clients in a COVID-19 world, and how to make the process stress-free for participating lawyers and guests.
The Trump administration’s new rules for social security disability appeals and reviews will erode due process for individuals seeking insurance and supplemental income, and result in the wrongful termination of benefits for countless disabled workers, say Samuel Morris and Jessica Wiseman at Godwin Morris.
The rapid adoption of varied remote communication and collaboration tools during the pandemic created new information preservation and privilege considerations this year, while courts and regulators offered some guidance on technology-assisted review and the movement of data across borders, say attorneys at Troutman Pepper and Boehringer Ingelheim.
To close the diversity gap between the judiciary and the litigants that regularly appear in criminal courts, institutions including police departments, prosecutor offices and defense law firms must be committed to advancing Black and Latino men, says New York Supreme Court Justice Erika Edwards.
Attorneys can pick open-minded neutrals by taking a client's race, gender, sexual orientation and nationality into account, and by ensuring the mediator is able to communicate effectively across cultures, says Anelise Codrington at Swift Currie.
While it appears California's Proposition 22 could hinder President-elect Joe Biden’s plans to extend employment status to gig workers across the country, he still has several options for doing so, starting with moves toward defining interstate commerce in a way that results in preemption of state laws, says Ronald Zambrano at West Coast Employment Lawyers.
Attorneys at Eversheds Sutherland look at Eleventh Circuit opinions from the past five years to determine the odds of a spoliation finding, and how risks in the federal appeals court compare to those in the federal district and state courts of Alabama, Florida and Georgia.
Amid an uptick in home-office workers' compensation filings, California employers are advised to familiarize themselves with ways to manage claims from the injuries that can occur while employees are working at home, and the surprising activities that qualify as compensable, says Diana Tsudik at Gilson Daub.
Attorney Michael Sullivan discusses the rules for employers accepting or denying a workers' compensation claim in California, and explains the unique decision-making issues for COVID-19 claims, including a condensed investigation window.
Considering the unique workers’ compensation challenges posed by remote employees' injuries, companies should virtually evaluate workspaces for ergonomic hazards, and create policies that clearly define work hours and timekeeping procedures, say Meghan Delaney and Daniel O'Brien at Fisher Phillips.