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.
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THURSDAY, NOVEMBER 21, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

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

By Kellie Mejdrich

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.

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US Chamber Backs Fla. City In ADA Retirement Benefits Suit

By Patrick Hoff

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.

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Amazon Settles Military Leave Bias Suit Ahead Of Trial

By Grace Elletson

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.

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MVP

MVP: Zuckerman Spaeder's D. Brian Hufford

By Grace Elletson

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.

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LITIGATION

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

By Matthew Santoni

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.

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

By Matthew Perlman

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.

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Firms For Ohio Funds Aim To Steer ZoomInfo Investor Suit

By Ryan Harroff

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.

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EXPERT ANALYSIS

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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LEGAL INDUSTRY

Bonus Spotlight

BigLaw Begins Matching Milbank On Associate Bonuses

By Aebra Coe

Following the news Tuesday that Cravath Swaine & Moore LLP will pay associates year-end and special bonuses in line with those handed out by Milbank LLP this year, the firms' peers have begun to respond, with swift matches Wednesday by Paul Hastings LLP and McDermott Will & Emery LLP.

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DOJ Settles With Atty Who Reported Judge's Sexual Misconduct

By Lauren Berg

A former Alaska federal prosecutor who made allegations of sexual misconduct against then-U.S. District Judge Joshua Kindred has reached an undisclosed settlement with the U.S. Department of Justice resolving claims she suffered retaliation for speaking up, the U.S. Office of Special Counsel said Wednesday.

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Foley Shouldn't Face Data Breach Claims, Calif. Panel Says

By Dorothy Atkins

A California appellate panel affirmed the dismissal of Accellion Inc.'s cross-complaint against law firm Foley & Lardner LLP in an insurance company's lawsuit claiming the software-maker should be held liable for a $1 million ransomware attack that targeted the law firm, finding that Accellion's cross-claims are untimely.

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Weil Litigation Leaders Jump To Paul Weiss In NY

By Tracey Read

The co-chair of Weil Gotshal & Manges LLP's global litigation department and the co-head of Weil's patent litigation practice will soon be joining Paul Weiss Rifkind Wharton & Garrison LLP in New York, the latter firm announced Wednesday.

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Akerman Opens In Charlotte With 2 Moore & Van Allen Hires

By Xiumei Dong

Akerman LLP announced Wednesday the firm opened its second North Carolina office in Charlotte and brought on two new partners from Moore & Van Allen PLLC, including the former head of its renewable energy project finance team and a tax law expert.

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Judiciary Touts Reforms In Handling Workplace Complaints

By Ryan Boysen

The federal judiciary is successfully reforming the controversial process that aims to protect its 30,000 employees from sexual harassment in the workplace, according to a new internal report released Wednesday, even as lawmakers have called for scrapping that process altogether and replacing it with a new one.

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Trump Wants 'Immediate Dismissal' Of NY Hush Money Case

By Frank G. Runyeon

President-elect Donald Trump's legal team told the New York judge who presided over his hush money trial that his conviction should be thrown out due to his "overwhelming victory" at the polls, according to a filing released Wednesday.

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Musk, Ramaswamy Say High Court Rulings OK Federal Cuts

By Lauren Berg

Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.

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House Dem Proposes Vote Forcing Release Of Gaetz Report

By Hailey Konnath

U.S. Rep. Sean Casten on Wednesday introduced a resolution that would require the House of Representatives to vote on whether the House Ethics Committee must release its report on the allegations against former U.S. Rep. Matt Gaetz, a proposal unveiled the same day the ethics committee failed to reach a consensus.

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Fed. Judges Still Seek New Bench Seats Amid Dems' Loss

By Courtney Bublé

The Federal Judges Association is urging the House to pass the bipartisan bill that would expand the federal courts in order to meet rising caseloads, even as the Biden administration appears to be cooling on the idea it once supported.

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Calif. Judicial Nominee Asked About Race, Parenting Writings

By Courtney Bublé

A California judicial nominee's previous writing about the murder of George Floyd in 2020, which sparked a national reckoning on race, was the subject of debate during a Senate nomination hearing on Wednesday.

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Washington State, DC District Court Picks Secure Seats

By Courtney Bublé

The Senate on Wednesday voted 50-48 to confirm Washington Court of Appeals Judge Rebecca L. Pennell to the Eastern District of Washington and 50-49 to confirm Amir Ali, former president and executive director of the MacArthur Justice Center and co-director of the Criminal Justice Appellate Clinic at Harvard Law School, to the District of Columbia.

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Girardi Pushes For New Trial Over Competency Claims

By Cara Salvatore

Counsel for Tom Girardi told a federal judge the disbarred attorney is plainly mentally incompetent and deserves a new trial over charges he defrauded clients of $15 million worth of settlement money.

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LAW FIRMS IN TODAY'S NEWS

Akerman LLP

Anderson & Kreiger

Byrnes Keller

Cravath Swaine

DeBofsky Law

Dean Ringers

Dechert LLP

Elias Mickle

Foley & Lardner

Gibson Dunn

Gilbert Employment Law

Girardi & Keese

Gordon Rees Scully Mansukhani

Gupta Wessler

HKM Employment Attorneys

Husch Blackwell

International Municipal Lawyers Association

Jenner & Block

Jones Day

Kilpatrick Townsend

Labaton Keller

Latham & Watkins

McDermott Will & Emery

Milbank LLP

Moore & Van Allen

Morgan Lewis

NT Lakis

NechelesLaw

O'Melveny & Myers

Orrick Herrington

Paul Hastings

Paul Weiss

Perkins Coie

Rule Garza

Schlichter Bogard

Schmidt Kirifides

Stonebarger Law

Weil Gotshal

Williams & Connolly

WilmerHale

Zuckerman Spaeder

COMPANIES IN TODAY'S NEWS

Aetna Inc.

Amazon.com Inc.

American International Group Inc.

American Medical Association Inc.

American Psychiatric Association

Boston University

CVS Health Corp.

Chevron Corp.

Consumer Attorneys of San Diego

Corporation for Public Broadcasting

Danner Inc.

Eastman Kodak Co.

Express Scripts Holding Co.

Kiteworks USA LLC

LinkedIn Corp.

Michaels Stores Inc.

New York University

Ohio Public Employees Retirement System

Optum Inc.

PG&E Corp.

Parker-Hannifin Corp.

Planned Parenthood Federation

Princeton University

Reliance Standard Life Insurance Co.

Roivant Sciences Ltd.

State Teachers Retirement System of Ohio

Tesla Inc.

The Cigna Group

The Leadership Conference on Civil & Human Rights

U.S. Chamber of Commerce

UnitedHealth Group Inc.

Wells Fargo & Co.

ZoomInfo Technologies Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Judicial Center

Federal Trade Commission

Food and Drug Administration

Internal Revenue Service

International Trade Commission

Judicial Conference of the United States

Manhattan District Attorney's Office

National Labor Relations Board

New York County District Attorney's Office

New York Supreme Court, New York County

Ohio Attorney General's Office

Patent Trial and Appeal Board

Pennsylvania Supreme Court

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the District of Alaska

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of Missouri

U.S. District Court for the Southern District of California

U.S. District Court for the Western District of Washington

U.S. Government Accountability Office

U.S. House of Representatives

U.S. Marine Corps

U.S. Merit Systems Protection Board

U.S. Office Of Special Counsel

U.S. Securities and Exchange Commission

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the Eastern District of Washington