Benefits

  • November 13, 2024

    Casino Queen To Pay $7.1M To Wrap Up ESOP Suit

    The parent company of Illinois-based Casino Queen has agreed to pay a group of workers $7.1 million to shutter their proposed class action claiming their employee stock ownership plan paid too much in a $170 million deal to buy stock in the company, costing employees millions in benefits.

  • November 13, 2024

    Attorneys Seek $983K Fee For Work On $2.95M Benefits Deal

    Six attorneys who settled a benefits class action on behalf of about 14,000 employees of an aerospace and auto parts manufacturer asked a Michigan federal judge to approve nearly $1 million in fees, saying this would be a standard payout in light of the $2.95 million settlement.

  • November 13, 2024

    Settlement Talks Falter In Schnader Harrison Pension Fight

    Negotiations between a former Schnader Harrison Segal & Lewis LLP partner and the now-shuttered firm appear to have failed for now in the former partner's proposed Employee Retirement Income Security Act class action as the parties missed the deadline for a deal this week.

  • November 13, 2024

    Fla. College Nabs Early Win In Retirement Fee Suit

    A Florida federal court handed Embry-Riddle Aeronautical University an early win Wednesday in an ex-worker's proposed class action alleging mismanagement of her retirement plan, finding she hadn't demonstrated any individual injury from the recordkeeping fees or investments she had challenged.

  • November 13, 2024

    Cadwalader Brings New Partner To Corp. Team From Kirkland

    Cadwalader Wickersham & Taft LLP announced Tuesday that it had hired an adviser to companies and private equity funds from Kirkland & Ellis LLP, touting her experience in complex business transactions.

  • November 13, 2024

    NY Suit Co. Says Union Fund Can't Bypass Trial In Debt Fight

    A Rochester, New York, suit manufacturer shouldn't have to pay $6.2 million to a union healthcare fund before standing trial on claims that it defrauded the fund and violated federal benefits law, the manufacturer told a federal judge.

  • November 12, 2024

    Ex-Capital One Workers Lodge $43M 401(k) Forfeiture Suit

    A group of former Capital One employees has brought a proposed class action in New York federal court accusing the financial institution and its top brass of improperly using $42.65 million in forfeited employee funds that were paid into the company's retirement plan to reduce its own contributions to the plan.

  • November 12, 2024

    Comerica Sues CFPB To Stop 'Ultra Vires' Benefits Card Probe

    Comerica Bank has sued the Consumer Financial Protection Bureau in a Texas federal court, accusing it of carrying out an overreaching and unlawful investigation into the bank's handling of a government program for distributing federal benefits via debit cards.

  • November 12, 2024

    Deloitte Must Face Certified Class Over Nuclear Audit Reports

    A South Carolina federal judge on Tuesday certified a class of SCANA Corp. investors accusing Deloitte of issuing audit reports that misled them about the progress the utility company was making on a $9 billion nuclear energy expansion project that failed.

  • November 12, 2024

    American Airlines Escapes Pandemic Early Retirement Suit

    A Texas federal court on Tuesday agreed to permanently toss a group of flight attendants' suit against American Airlines Inc. alleging they were misled into taking a less favorable retirement package during the height of the COVID-19 pandemic, finding a suit dismissed earlier over the same conduct bars their claims. 

  • November 12, 2024

    6th Circ. Must Revive Pension Data Suit, Kellogg Retirees Say

    A group of married Kellogg retirees asked the Sixth Circuit to revive claims that they received less value for their money than single retirees when collecting pensions, saying Kellogg uses outdated data when converting pensions from single-life annuity form.

  • November 12, 2024

    Ex-Alorica Employees Ask For Class Status In 401(k) Fee Suit

    Former Alorica Inc. employees urged a California federal court to sign off on a 4,000-member class in their lawsuit claiming the business process outsourcing company loaded its 401(k) plan with high costs and underperforming investment options.

  • November 08, 2024

    5 Ways Trump's Election Could Change Employee Benefits

    Donald Trump's election to a second term as president has attorneys preparing for potentially significant changes to tax, investment and health policy that could directly affect the administration of employee benefit plans. 

  • November 08, 2024

    Cigna Agrees To End Behavioral Health Underpayment Suit

    Cigna and a billing contractor have agreed to resolve claims that they violated federal benefits law by colluding to underpay out-of-network claims for substance use disorder treatments, according to a filing in California federal court.

  • November 08, 2024

    Judge Won't Pause Housing Order In LA Campus Suit

    A California federal judge has refused to pause his order requiring the federal government to put out contract offers for the construction of temporary housing on a Los Angeles campus that's at the heart of a class action filed by disabled, homeless military veterans who accused the federal government of misusing the property.

  • November 08, 2024

    Pot Co. Employees Accuse Billionaire Owner Of Fraud

    Former executives of troubled medical marijuana startup Parallel are suing its former CEO and heir to the Wrigley gum fortune, claiming the billionaire paid them in "worthless" shares that he overvalued, resulting in tax bills they can't afford.

  • November 08, 2024

    Attys Ask 11th Circ. To Affirm Arbitration Denial In ERISA Case

    The American Association for Justice has urged the Eleventh Circuit to find that a legal technology company's arbitration clauses are unenforceable, arguing that the company should face workers' Employee Retirement Income Security Act suit in court.

  • November 08, 2024

    Mitsubishi Chemical Dodges Ex-Worker's ERISA Suit, For Now

    A New York federal judge tossed a former worker's suit claiming Mitsubishi's chemical unit retained pricey and underperforming funds in its $700 million retirement plan while failing to cut fees, finding his claims were either half-baked or he failed to show he suffered an injury.

  • November 07, 2024

    Trans Patients Say Fla. Ban On Care Should Be Bias Tested

    A proposed class of transgender individuals asking for the reversal of a ruling blocking Florida's ban on Medicaid coverage for gender-affirming care told the Eleventh Circuit on Wednesday that hostile discrimination analysis of statutes applies to classes beyond those recognized as "suspect" or "quasi-suspect."

  • November 07, 2024

    ACLU Asks 11th Circ. To Back Ga. Deputy's Trans Health Win

    The full Eleventh Circuit shouldn't roll back a transgender deputy's win in her lawsuit challenging a Georgia county's refusal to pay for gender-affirmation surgery, the American Civil Liberties Union and legal groups argued Thursday, saying the U.S. Supreme Court's Bostock decision made clear that such policies violate federal law.

  • November 07, 2024

    Vanguard Investors Ink $40M Settlement In Tax Liability Suit

    Vanguard investors have asked a Pennsylvania federal judge to give the first green light to a $40 million settlement reached with the firm over it allegedly breaching its fiduciary duty when it triggered a sell-off of assets that left investors with massive tax bills.

  • November 07, 2024

    Sutter Health Could Face Retrial On Antitrust Claims In March

    Sutter Health is headed back to trial after the Ninth Circuit said "highly relevant" evidence was excluded from the 2022 trial where the hospital chain defeated claims that it had driven up the cost of insurance, and the court overseeing the matter says March is the earliest it can do.

  • November 07, 2024

    Bass Pro Shops Settles Challenge To Tobacco Health Plan Fee

    Bass Pro Shops struck a deal to end a proposed class action in Missouri federal court claiming the outdoor retailer improperly charged employees an extra $2,000 a year through their health plans if they used tobacco, according to a docket entry Thursday.

  • November 07, 2024

    Teva Can't End Inhaler Antitrust Suit But Gets Claim Nixed

    A Massachusetts federal court refused Teva Pharmaceutical Industries Ltd.'s attempt to end a case accusing it of orchestrating a decade-long scheme to delay generic competition for its QVAR asthma inhalers, but cut allegations that Teva paid Amneal Pharmaceuticals Inc. not to launch its version.

  • November 07, 2024

    Same PBM Conduct Means Same Insulin Price Trial, FTC Says

    Federal Trade Commission staffers want Caremark Rx, Express Scripts and OptumRx kept together in a single in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices through unfair rebate schemes, arguing they are all "accused of violating the same laws by engaging in the same type of conduct."

Expert Analysis

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Perspectives

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • 2 Rulings Show How Courts Assess Health Benefit Denials

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    Two recent decisions from federal appeals courts offer important insights into how courts are assessing denials of health benefit claims brought under the Employee Retirement Income Security Act, including guidance on how plan administrators should evaluate claims and what documents must be disclosed, says Mark DeBofsky at DeBofsky Law.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Mental Health Parity Rules: Tips For Plans And Issuers

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    Following federal agencies' release of final mental health parity rules, plan sponsors and health insurance issuers should develop protocols for preparing compliant nonquantitative treatment limitation comparative analyses, say attorneys at Ropes & Gray.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Plan Sponsors Must Prep For New Mental Health, Drug Rules

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    To comply with newly published health insurance rules requiring parity between access to mental health and substance use services compared to medical and surgical services, employers with self-insured plans will need to update third-party administrator agreements and collect data, among other compliance steps, say attorneys at Kilpatrick.

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

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