Benefits

  • November 21, 2024

    Walmart Hit With $34.7M Verdict For Defaming Truck Driver

    A California jury has awarded $34.7 million to a former Walmart truck driver, finding that the retailer defamed him when it falsely accused him of fraud and fired him after he was injured on the job and filed a worker's compensation claim.

  • November 21, 2024

    NFL Paid $1.3B In Concussions Settlement So Far, 4% Atty Fees

    The National Football League has paid more than $1.3 billion to settle claims from former professional athletes who suffered neurological damage due to concussions sustained while playing, with 4% of that earmarked for their attorneys, according to a report by the court appointed special master and claim administrator for the multidistrict litigation.

  • November 21, 2024

    Ex-Twitter Workers Denied Class Cert In Arbitration Fight

    A California federal judge denied class certification to ex-Twitter employees accusing the social media company now owned by Elon Musk and renamed X Corp. of stalling their employment disputes, saying some putative class members are already seeking arbitration outside the Golden State or trying to pursue their claims in court.

  • November 21, 2024

    Howmet Accuses Wash. DOL Of Muscling Into Worker's Suit

    Howmet Aerospace slammed the Washington state labor department on Thursday for "interjecting" into a dispute with a former smelter employee who claims he developed cancer from asbestos exposure, urging the state's highest court not to relax the standard for workers to sue over job-related illnesses.

  • November 21, 2024

    NBA Veteran Who Cooperated In $5M Fraud Case Avoids Jail

    A Manhattan federal judge on Thursday allowed former NBA center Melvin Ely to avoid prison for taking $36,000 of illegal payouts in pro basketball's $5 million health billing fraud ring, crediting his decision to cooperate in the sprawling criminal case.

  • November 21, 2024

    11th Circ. Says Fla. Law Bars Workers' Comp Suit

    The Eleventh Circuit backed the dismissal of a worker's suit claiming a chemical company didn't do enough to shield him from particles that caused a lung condition, ruling that a Florida workers' compensation law blocks him from pursuing the company in court for negligence.

  • November 21, 2024

    House Panel Seeks Info On DOL Agreements With Law Firms

    The U.S. House Committee on Education and the Workforce on Thursday pressed the U.S. Department of Labor for details about its information-sharing agreements with plaintiffs law firms after discovery in a proposed class action revealed a pact between the agency and Cohen Milstein Sellers & Toll PLLC.

  • November 21, 2024

    2nd Circ. Doubts Concrete Cos.' Revival Bid In CBA Fight

    The Second Circuit appeared reluctant Thursday to revive a fringe contributions dispute between two concrete companies and a group of union fringe benefit funds, with multiple judges pointing to discovery failures that underpinned a lower court's grant of summary judgment to the union.

  • November 21, 2024

    11th Circ. Asked To Rethink $100M Credit For John Hancock

    The Eleventh Circuit should reverse its decision allowing John Hancock Life Insurance Co. to keep $100 million in foreign tax credits that rightfully belong to the company's investors, trustees of a retirement plan said in arguing that the court overlooked a key U.S. Treasury regulation.

  • November 21, 2024

    MVP: Cohen Milstein's Michelle C. Yau

    Michelle Yau of Cohen Milstein Sellers & Toll PLLC helped to secure multiple multimillion-dollar settlement deals as lead counsel on class actions from workers alleging retirement plan mismanagement, including deals with New York Life Insurance Co. and Citgo Petroleum Corp., earning her a spot among the 2024 Law360 Benefits MVPs.

  • November 20, 2024

    6th Circ. Revives 401(k) Fund Suit Against Parker-Hannifin

    A split panel of the Sixth Circuit on Wednesday revived a proposed class action against Parker-Hannifin Corp. from workers who alleged mismanagement of their employee retirement plan, finding a lower court erred in dismissing claims that high-fee and poorly performing investment offerings in the plan violated federal benefits law.

  • November 20, 2024

    PBMs Sue To Block FTC's In-House Insulin Pricing Case

    Caremark Rx, Express Scripts and OptumRx have lodged a constitutional challenge of the Federal Trade Commission's in-house case accusing the pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes.

  • November 20, 2024

    Amazon Settles Military Leave Bias Suit Ahead Of Trial

    Amazon has settled an employee's suit claiming the online retail giant blocked him from promotions because he took leave to serve in the U.S. Marine Corps Reserve, prompting a Washington federal judge on Wednesday to halt a trial that was set to begin in the case next month.

  • November 20, 2024

    Firms For Ohio Funds Aim To Steer ZoomInfo Investor Suit

    Two Ohio retirement funds asked a Washington federal judge to name their attorneys from Labaton Keller Sucharow LLP and Byrnes Keller Cromwell LLP as lead counsel and liaison counsel in investor claims brought against ZoomInfo Technologies Inc. over its allegedly misguided attempts to maintain a pandemic-era customer boom.

  • November 20, 2024

    US Chamber Backs Fla. City In ADA Retirement Benefits Suit

    The U.S. Chamber of Commerce urged the U.S. Supreme Court to back the Eleventh Circuit's determination that federal disability law doesn't protect former employees from post-employment bias, arguing a former Florida firefighter is trying to stretch the statute beyond what Congress intended.

  • November 20, 2024

    Pa. Justices Ask Why CBD Isn't 'Medicine' For Hurt Workers

    Justices on the Pennsylvania Supreme Court questioned Wednesday why they should accept an insurer's assertion that hemp-derived CBD oil should be deemed dangerous, when an injured attorney's physician had prescribed it for pain relief as part of his workers' compensation treatment plan.

  • November 20, 2024

    MVP: Zuckerman Spaeder's D. Brian Hufford

    D. Brian Hufford of Zuckerman Spaeder LLP secured key wins for his clients over the past year in cases challenging thousands of healthcare coverage denials, including a victory at the Ninth Circuit where he was able to change the court's mind on the third try, earning him a spot as a 2024 Law360 Benefits MVP.

  • November 19, 2024

    Vets' Attys Want Nonprofit To Get $63M Of Agent Orange Funds

    Counsel representing a class of Vietnam veterans exposed to Agent Orange and their survivors in litigation that settled 33 years ago urged a California federal judge on Tuesday to hand $63 million in unclaimed funds to a legal nonprofit, a request the federal government has contested.

  • November 19, 2024

    CSX Can't Escape FMLA Suit Over Attendance Policies

    CSX Transportation can't beat a proposed class action alleging certain attendance and pay policies unlawfully penalize engineers, conductors and switchmen who take medical leave, an Ohio federal judge ruled, saying a jury should sort out how comparable other types of absences are.

  • November 19, 2024

    UnitedHealthcare Can't Escape Patient's Proton Beam Suit

    A Florida federal judge on Tuesday refused to toss a federal benefits lawsuit from a patient who alleged that UnitedHealthcare wrongly denied him coverage for proton beam therapy to treat tongue cancer, rejecting the insurer's argument that an exclusion for unproven treatments applied.

  • November 19, 2024

    Insurers Urge Arbitration Of Union Fund's ERISA Claims

    Elevance Health Inc. and several affiliated health insurers want a Connecticut federal judge to force arbitration of claims brought by a union fund that alleges excessive fees violated benefits law, arguing that the companies were unaware of an arbitration agreement with the plaintiff when they started litigating the early stages of a proposed class action.

  • November 19, 2024

    US Chamber, Biz Groups Back Halt Of Ill. Temp Worker Law

    The U.S. Chamber of Commerce and other organizations backed a bid by a group of staffing associations and agencies to block enforcement of an Illinois law mandating benefits for long-term temporary workers, saying the amended law still distorts the Employee Retirement Income Security Act.

  • November 19, 2024

    MVP: Mayer Brown's Brantley Webb

    Brantley Webb of Mayer Brown LLP's U.S. Supreme Court and appellate practice group guided Yale University and Wood Group PLC to trial victories in Employee Retirement Income Security Act lawsuits and convinced the D.C. Circuit to uphold the dismissal of a challenge to Georgetown University's retirement plans, earning her a spot as one of the 2024 Law360 Benefits MVPs.

  • November 18, 2024

    Fringe Benefits Co.'s Ex-Atty Can't 'Abandon' Them, DOL Says

    The U.S. Department of Labor on Monday urged a Maryland federal court not to let a fringe benefits company's former attorney "abandon" the company ahead of a civil contempt hearing over $3.8 million in unpaid mismanaged funds meant for government contractor employees' benefits, citing potentially "severe" consequences for the company.

  • November 18, 2024

    $100M Deal In Suit Over Walgreens Rx Prices Gets First OK

    An Illinois federal judge gave an initial blessing Monday to a $100 million deal resolving claims from consumers and unions that Walgreens unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less.

Expert Analysis

  • How To Clean Up Your Generative AI-Produced Legal Drafts

    Author Photo

    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • 2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses

    Author Photo

    The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.

  • Series

    Boxing Makes Me A Better Lawyer

    Author Photo

    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

    Author Photo

    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

    Author Photo

    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • After Chevron

    Author Photo

    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.

  • Opinion

    FIFA Maternity Policy Shows Need For Federal Paid Leave

    Author Photo

    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

    Author Photo

    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

    Author Photo

    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Air Ambulance Ruling Severely Undermines No Surprises Act

    Author Photo

    A Texas federal court's recent decision in Guardian Flight v. Health Care Service — that the No Surprises Act lacks a judicial remedy when a health insurer refuses to pay the amount established through an independent review — likely throws a huge monkey wrench into the elaborate protections the NSA was enacted to provide, says Mark DeBofsky at DeBofsky Law.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

    Author Photo

    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

    Author Photo

    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

    Author Photo

    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

    Author Photo

    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • What DOL Fiduciary Rule Means For Private Fund Managers

    Author Photo

    Attorneys at Ropes & Gray discuss how the U.S. Department of Labor's recently released final fiduciary rule, which revises the agency's 1975 regulation, could potentially cause private fund managers' current marketing practices and communications to be considered fiduciary advice, and therefore subject them to strict prohibitions.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Benefits archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!