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Benefits
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March 06, 2025
Attys Seek $30M Fees In Walgreens Rx Overcharge Deal
Attorneys for unions and consumers who struck a $100 million settlement of Walgreens prescription overcharge fee claims asked an Illinois federal judge for a $30 million cut of that pot, arguing the amount would pay for seven years of meaningful work they put into the case.
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March 06, 2025
USW Strikers Found Eligible For Unemployment Pay
Workers represented by the United Steelworkers who sought unemployment compensation during a work stoppage could receive the benefit under state law, a Pennsylvania appellate court concluded Thursday, finding claimants were eligible because a steel company took actions that changed the strike to a lockout.
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March 06, 2025
Trump's Labor Secretary Pick Clears Senate Hurdle
The U.S. Senate agreed Thursday to end debate and move to a vote on President Donald Trump's nominee for labor secretary.
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March 06, 2025
Worker Seeks To Revive NY Teamsters Retirement Plan Suit
A union-represented worker is fighting a New York federal judge's conclusion that he failed to show how the caretakers of his Teamsters retirement plan mismanaged his savings, asking the Second Circuit to revive his proposed Employee Retirement Income Security Act class action.
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March 05, 2025
AME Church, Plan Admin To Pay $60M To Exit Retirement Suit
The African Methodist Episcopal Church and a retirement plan manager will pay a combined $60 million to resolve claims that they failed to prevent a rogue church employee from embezzling nearly $90 million from its retirement plan, according to a filing in Tennessee federal court.
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March 05, 2025
401(k) Forfeiture Suits Are Prompting Plan Changes
It remains unclear whether a California federal judge keeping alive a proposed class action that challenges the use of forfeited funds in a Clorox employee 401(k) plan means similar cases will gain traction, but experts say plans are already getting tweaked to stave off forfeiture claims.
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March 05, 2025
Nationwide Block Of Trump Trans Healthcare Orders Extended
A Maryland federal judge has extended a nationwide injunction that was set to expire this week prohibiting the Trump administration from enforcing executive orders banning federal funding for gender-affirming care for people under the age of 19, finding the harm inflicted by the orders is "non-speculative, concrete, and potentially catastrophic."
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March 05, 2025
Fed. Circ. Says Late EEOC Worker's 1st Wife Gets Back Pay
The Federal Circuit said the U.S. Equal Employment Opportunity Commission did not err in providing a deceased employee's back pay to his first wife because she was listed as his beneficiary, rejecting his second wife's assertion that federal law required that the money go to her.
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March 05, 2025
High Court Upholds VA's Authority To Doubt Disability Claims
A divided U.S. Supreme Court ruled Wednesday that a veterans' appeals court can rely on the U.S. Department of Veterans Affairs' decisions to offer the benefit of the doubt in disability claims cases, rejecting two veterans' efforts to revive their PTSD claims.
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March 04, 2025
Agencies Have 'Ultimate' Authority Over Firings, OPM Says
The Office of Personnel Management on Tuesday issued a revised version of its January memo directing agency heads to identify all probationary employees, adding a disclaimer that OPM "is not directing agencies to take any specific performance-based actions" and that agencies "have ultimate decision-making authority."
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March 04, 2025
Calif. PBM Opioid Suit Belongs In Federal Court, 9th Circ. Told
Pharmacy benefit managers Express Scripts Inc. and OptumRx Inc. urged the Ninth Circuit on Tuesday to require California to litigate its public nuisance claims over their opioid dispensing practices in federal court, arguing that allowing the state to litigate in state court would create a circuit split.
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March 04, 2025
PBMs Ask 8th Circ. To Pause FTC's Insulin Pricing Case
Caremark Rx, Express Scripts and OptumRx have asked the Eighth Circuit to pause the Federal Trade Commission's in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices as they push their constitutional claims against the agency.
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March 04, 2025
Conn. Hospital Network Seeks Sanctions From Antitrust Class
Hartford HealthCare Corp. moved to sanction a proposed class of antitrust plaintiffs for asking a Connecticut judge to formally recognize a document exchange schedule privately agreed to by both sides, arguing that it should get attorney fees and costs for opposing the request.
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March 04, 2025
Anthem, Cancer Patient End Lawsuit Over Treatment Denials
A proposed class action accusing Anthem Health Plans Inc. of wrongly denying coverage for proton beam radiation therapy — a form of cancer treatment used to target and destroy tumor cells — has been withdrawn by the patient who first brought the matter to Connecticut state court.
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March 04, 2025
Clorox Can't Escape Novel ERISA Suit Over 401(k) Forfeitures
Clorox must face a proposed class action claiming it unlawfully used forfeited 401(k) funds to cover its employer contributions rather than defray plan participants' costs, with a California federal judge ruling a plan participant's allegations were detailed enough to stay in court.
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March 03, 2025
Fired NBA Ref Wants $178K Atty Fees After 2nd Circ. Win
A former longtime NBA referee asked a Manhattan federal judge on Monday to approve an attorney fee of $179,000, after winning $2.9 million in pension benefits in a case over his termination for refusing to get vaccinated against COVID-19.
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March 03, 2025
US Trustee Opposes Confirmation Of CarePoint's Ch. 11 Plan
The U.S. Trustee's Office on Monday joined a flurry of objections against the Chapter 11 plan of CarePoint Health Systems inc., saying the hospital owner has made it hard for the trustee to gauge the plan's potential.
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March 03, 2025
Sutter Settles Years-Old Antitrust Suit On Courthouse Steps
Attorneys for a class of millions of health insurance premium payors announced an eleventh hour deal staving off a new antitrust trial Monday in California federal court over claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.
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March 03, 2025
Pa. Supreme Court Snapshot: Negligence Damages Caps
The Pennsylvania Supreme Court will start and end its March session examining long-standing precedents, beginning Tuesday with an argument that will spotlight damages against government entities, and wrapping up Wednesday with a matter hinging on a rule that lets general contractors share their subcontractors' immunity under the workers' compensation law.
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March 03, 2025
Calif. BMO Worker Can Bank On Litigating 401(k) Suit In Ill.
A proposed class action challenging BMO Financial Corp.'s alleged misuse of forfeited retirement contributions should be litigated in Illinois, where most of the bank's evidence and witnesses are located, a California federal judge said on Friday.
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March 03, 2025
Former X Exec Says Sanctions Not Warranted In Bonus Fight
A former X Corp. executive urged a California federal court to reject his former employer's bid to sanction him for filing a "frivolous" class certification motion in his unpaid bonuses lawsuit, saying the company refused to let him modify his filing or dismiss his claims.
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March 03, 2025
Chancery OKs Amended Suit In $8B Paramount Sale Fight
Delaware's chancellor agreed Monday to the filing of an amended stockholder challenge to Paramount Global's $8.2 billion merger with Skydance Media and ordered responses by Tuesday from parties affected by a stockholder call for a fast-tracked probe of Paramount's response to an alternative, $13.5 billion offer.
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March 03, 2025
Holwell Shuster Atty Fights NJ Tax On Insurance Contribution
A Holwell Shuster & Goldberg LLP attorney asked the New Jersey Tax Court to cancel an income tax assessment from the state Division of Taxation that he argued erroneously included contributions to a former employer's healthcare plan in his taxable income.
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March 03, 2025
Energy Co. Inks $8.2M Deal In 401(k) Mismanagement Suit
An energy company will pay $8.2 million to resolve a class action lawsuit claiming it failed to trim high cost and underperforming target date funds from its retirement plan, according to Pennsylvania federal court filings.
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February 28, 2025
Trump Can't 'Erase' Trans People Via Order, Wash. Judge Says
A Washington federal judge late Friday blocked parts of two of President Donald Trump's executive orders that cut off funding for gender-affirming care for young people, ruling that they violate the Constitution's separation of powers and equal protection guarantees.
Expert Analysis
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Unpacking Arguments From High Court's Rural Hospital Case
During oral arguments in Advocate v. Becerra, the U.S. Supreme Court justices focused questions on the meaning of being "entitled to" supplementary security income assistance, and there's reason for optimism that the likely split decision will break in favor of hospitals, say attorneys at King & Spalding.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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The Challenges Of Abandoned Retirement Plans In Ch. 7
The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.
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Best Practices For Effective Employee Assistance Programs
Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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6th Circ. Ruling Prevents Disability Insurer Overreach
The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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How Expanded Birth Control Coverage May Affect Employers
Employers should consider the potential impact of recently proposed regulations that would expand group health plans' required coverage of preventive services and contraceptives, including questions about how the agencies would implement their plans to eliminate the prescription requirement and alter the exceptions process, says Jennifer Rigterink at Proskauer.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.