9th Circ. Rejects Most Of Sodexo's ERISA Arbitration Push

By Kellie Mejdrich

The Ninth Circuit said Monday that employers can't unilaterally change Employee Retirement Income Security Act-governed plans to require arbitration, backing the bulk of a trial court ruling that refused to throw out of court a nicotine fee lawsuit against food service company Sodexo.

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11th Circ. Says Bakery Co. Can't Dodge $15.6M Pension Bill

By Grace Elletson

The Eleventh Circuit backed a pension fund's calculations that a wholesale bakery company may have to pay as much as $15.6 million after exiting the benefits plan, ruling it properly applied a credit outlined in the Multiemployer Pension Plan Amendments Act.

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Hair Care Brand Olaplex Settles IPO Investors' Suit For $47.5M

By Katryna Perera

Olaplex Holdings Inc. has reached a $47.5 million settlement with investors to resolve a proposed class action alleging that the hair care brand's initial public offering documents did not disclose that the European Union had banned a controversial ingredient called lilial, which would affect Olaplex's main product offering.

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Rising Star: Gibson Dunn's Gina Hancock

By Amanda Ottaway

Gina Hancock of Gibson Dunn & Crutcher LLP has guided companies through executive compensation and employee benefits practices as part of mergers and acquisition deals worth more than $60 billion in total, earning her a spot as one of the benefits law practitioners under age 40 honored by Law360 as Rising Stars.

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Nurse Agrees To Repay $614K For False Claims In Conn.

By Aaron Keller

A nurse who owned a medication management business and two Connecticut residential care homes agreed on Monday to settle state and federal False Claims Act allegations for $614,000, ending allegations that he billed Medicare and Medicaid impossible daily hours and for clients that were hospitalized or dead.

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Cold Storage Co. Duped Investors Before 2024 IPO, Suit Says

By Katryna Perera

A pension fund has sued Lineage Inc., a cold-storage real estate investment trust, and several of its executives in Michigan federal court over the company's initial public offering, the largest of 2024, alleging the REIT and its top brass misled investors about softening demand and unsustainable pricing.

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Consumers Want Fees Of $49M From $203M In Chicken Deals

By Lauraann Wood

Broiler chicken consumers asked an Illinois federal judge on Monday for about $49 million in attorney fees from two rounds of price-fixing deals they've struck with major producers, matching the settlement percentage to which a Seventh Circuit panel last month found class counsel was entitled.

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What Dismissal Rulings May Mean For ERISA Forfeiture Cases

Following an influx of Employee Retirement Income Security Act class actions challenging the long-standing practice of plan sponsors using plan forfeitures to offset employer contributions, recent motion to dismiss rulings and a U.S. Department of Labor amicus brief may encourage more courts to reject plaintiffs' forfeiture theories, say attorneys at Mayer Brown.

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E-Discovery Quarterly: Rulings On Relevance Redactions

In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

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Law, Medical School Orgs Face Application Fee Antitrust Suits

By Gina Kim

The Law School Admission Council and the Association of American Medical Colleges have each been hit with a proposed class action in Pennsylvania and D.C. federal courts, respectively, by candidates who said the nonprofits conspired with their member schools to charge excessive application fees that have been fixed at the same price regardless of the school.

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Judge Mulls Sanctioning Hagens Berman In Thalidomide Suits

By Lauren Berg

The Pennsylvania federal judge presiding over dozens of product liability actions against manufacturers of the morning sickness drug thalidomide Tuesday ordered Hagens Berman Sobol Shapiro LLP to explain why it shouldn't be sanctioned for allegedly conducting "grossly inadequate" pre-suit inquiries, obstructing discovery and doctoring evidence.

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Analysis

Tesla Verdict Could Embolden Plaintiffs With Similar Claims

By Carolina Bolado

The $329 million verdict handed down by jurors in Miami on Friday over a fatal Florida Keys crash is the first to find Tesla's autopilot defective and will likely embolden other plaintiffs with similar claims to take them to trial, personal injury attorneys told Law360.

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Analysis

A Free Exercise 'Blueprint' In Colo. Abortion Reversal Order

By Mark Payne

A Colorado federal judge's decision to allow medication abortion "reversals" on free exercise grounds could serve as a model for other lawsuits meant to legitimize a practice that is outside the standard practice of medicine.

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Law Profs Urge 11th Circ. To Toss Judge-Shopping Sanctions

By Madison Arnold

A group of seven law school professors is urging the Eleventh Circuit to toss a sanctions ruling against three attorneys for judge shopping, arguing that federal law does not forbid the practice and citing the "potentially chilling effect the order will have on counsel, especially those involved in pro bono representation."

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OptumRx Urges Panel To DQ Motley Rice In LA Opioid Suit

By Craig Clough

OptumRx told a California appellate panel Tuesday that Motley Rice should be disqualified from representing Los Angeles County in a lawsuit alleging it colluded with drugmakers to fuel the opioid crisis, saying the firm violated state law by using confidential information obtained in the case in other lawsuits it's handling against Optum.

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Feature

Meet FDA Chief Counsel Sean Keveney

By Dan McKay

The new top attorney at the U.S. Food and Drug Administration, described as a "tremendous technical lawyer," rose through the ranks as a federal prosecutor before helping lead President Donald Trump's confrontation with elite universities this year.

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5th Circ. Says Texas Voter ID Law Is Legally Sound

By Spencer Brewer

A Fifth Circuit panel upheld a Texas law that requires voters to provide an identification number when voting by mail, finding the law complies with the Civil Rights Act and that the state designed it to combat mail-in ballot fraud.

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Ex-USPTO Heads, Judges Oppose Anti-Patent Thicket Bill

By Elliot Weld

A pro-innovation group composed of former U.S. Patent and Trademark Office officials and former Federal Circuit judges on Tuesday asked Congress to oppose a bill introduced last month that would limit so-called patent thickets used by pharmaceutical companies to restrict the production of generic counterparts to their drugs.

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Analysis

Medicaid Cuts May Worsen Incarceration-Linked Death Risks

By Hannah Albarazi

A new public health investigation reveals an association between incarceration and elevated risk of early death, not only for people who have been behind bars but for entire communities. Experts caution that impending disinvestment in Medicaid could worsen outcomes in vulnerable populations.

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Ghislaine Maxwell Slams Feds' Bid To Unseal Grand Jury Docs

By Lauren Berg

Ghislaine Maxwell, who is serving a 20-year prison sentence for trafficking children for late sex offender Jeffrey Epstein, urged a New York federal judge Tuesday to deny the government's bid to unseal grand jury transcripts, saying release of the sealed materials could jeopardize the appeal of her 2021 conviction.

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Ex-Patent Examiner Fights USPTO Exclusion At High Court

By Adam Lidgett

A former U.S. Patent and Trademark Office examiner wants the U.S. Supreme Court to review his exclusion from practicing before the agency, saying the justices should look at issues relating to a suspension he received and also federal civil rights protections.

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Approach The Bench: Justice Wecht On Judicial Campaigns

By Cara Bayles and Steven Trader

If running for judicial office often requires walking the line of being a sitting jurist and a politician, Pennsylvania Supreme Court Justice David Wecht is no stranger to that tightrope.

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