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Benefits
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July 16, 2025
Pharmacy Benefit Managers Say Ohio Can't Recast Suit
The state of Ohio can't "recast its complaint on appeal" in order to convince the Sixth Circuit that its enforcement suit accusing two pharmacy benefit managers of working to raise the cost of prescription drugs belongs in state court, those managers have told the appellate court.
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July 16, 2025
Union Pension Fund Says Cos. Can't Get Fees In ERISA Row
A Tennessee federal judge should deny two companies' "extraordinary" request for a union pension fund to cover their attorney fees in an Employee Retirement Income Security Act dispute, the union argued Wednesday, saying the section of ERISA the lawsuit was lodged under doesn't allow for attorney fee awards.
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July 16, 2025
Cornell Workers Urge 2nd Circ. Remand Suit Justices Revived
Cornell University workers urged the Second Circuit to remand their sweeping class action alleging retirement plan mismanagement to New York federal court, arguing that the lower court should decide whether to hold a jury trial on a claim that the U.S. Supreme Court revived in April.
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July 16, 2025
Arby's Parent Says Workers' Tobacco Fee Suit Lacks Support
The parent company of Arby's, Dunkin' and other fast-food chains urged a Georgia federal court to toss a proposed class action claiming employees in its health plan were unlawfully charged more for using tobacco, arguing workers didn't allege their premiums stayed elevated after completing a wellness program.
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July 16, 2025
Utility Co. Inks $7M Deal To End Pension Mortality Data Suit
An electric utility holding company has agreed to pay $7 million to resolve a proposed class action alleging it underpaid retirees in pension benefits by calculating their payments using outdated mortality data, according to an Arizona federal court filing.
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July 16, 2025
Speaker's Aide Won't Rule Out 'Secure 3.0' Retirement Bill
An aide to House Speaker Mike Johnson told tax attorneys in Washington, D.C., Wednesday that he's not ruling out Congress passing a retirement policy overhaul that's known informally as Secure 3.0, though exact timing on such an effort remains unclear because of the busy year-end schedule.
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July 15, 2025
Pool Supply Co. Escapes Investor Suit Over COVID-Era Sales
Arizona-based pool supply company Leslie's Inc. won dismissal, for now, of an investor class action led by North Carolina's state treasurer that alleged the company botched disclosures about waning demand during the COVID-19 pandemic, with the court finding the allegations failed to state a claim for federal securities law violations.
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July 15, 2025
Biz Groups Urge 5th Circ. To Reverse BP's Pension Suit Loss
Multiple business groups filed amici briefs with the Fifth Circuit asking the court to do away with a judgment in favor of 7,000 BP retirees who alleged that the oil giant underpaid their retirement benefits, saying the lower court's decision conflicts with "black letter law."
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July 15, 2025
Players' Atty Gets $1.4M In Fees For NFL Race-Norming Deal
The attorney representing former NFL players when the league pledged to stop using "race-norming" when deciding payments from the concussion settlement was awarded nearly $1.4 million in attorney fees Tuesday by the Pennsylvania federal judge overseeing the settlement.
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July 15, 2025
Split 4th Circ. Rejects GenBioPro Abortion Ban Challenge
A split Fourth Circuit panel on Tuesday rejected GenBioPro's challenge to a West Virginia law banning medication abortion with narrow exceptions, with the majority finding the ban does not conflict with federal regulators' statutory authority to impose safety requirements on drug manufacturers.
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July 15, 2025
X Says Laid-Off Twitter Worker Not Owed A Jury Trial
X Corp. has urged a California federal judge against holding a jury trial on a former Twitter worker's claims the company and owner Elon Musk violated state and federal laws requiring advance warning of mass layoffs, arguing the statutes don't provide for more than a bench trial.
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July 15, 2025
Ex-Navistar Worker Sues Over Tobacco Health Fee
A former employee sued International Motors LLC, formerly Navistar, in Illinois federal court Monday, saying it imposes "discriminatory and punitive health insurance surcharges" on workers who smoke without offering an alternative that would allow them to recoup the additional $600 they pay annually.
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July 15, 2025
Harrah's Accused Of Firing Supervisor Over Health Issues
A housekeeping supervisor said Harrah's Resort Atlantic City used flimsy reasoning to fire her after she sought time off for multiple health problems in a complaint filed in New Jersey federal court.
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July 15, 2025
Delta To Pay $8.1M To End FCA Whistleblower Suit
Delta Air Lines Inc. on Tuesday agreed to pay $8.1 million to settle whistleblower claims that it paid some corporate officers and other employees beyond compensation limits the airline agreed to under a Treasury Department pandemic relief program.
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July 15, 2025
Workers Seek Class Status In United Pricing Scheme Suit
A group of workers urged a California federal judge to award them class certification in their suit alleging United Behavioral Health and a billing contractor shorted them on coverage for out-of-network substance use disorder treatments, arguing they put forward new detail that clears class status requirements.
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July 15, 2025
Wisconsin Health Co. Faces Trimmed 403(b) Fee Suit
A federal judge agreed to trim a federal benefits lawsuit against a Wisconsin health system from a proposed class of employees who said their 403(b) retirement plan was mismanaged, refusing to dismiss recordkeeping fee claims but agreeing to toss allegations of excessive investment management fees.
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July 15, 2025
UnitedHealth, Optum Accused Of Pregnancy Discrimination
Optum Care Inc. and parent company UnitedHealth Group fired a care team supervisor while she was on maternity leave without a tangible reason, according to a suit lodged in California state court.
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July 14, 2025
9th Circ. Partially Revives Doc's COVID-19 Insurance Fight
The Ninth Circuit on Monday revived a lawsuit from an immunocompromised oral surgeon claiming Paul Revere Life Insurance Co. wrongly denied him disability benefits when he stopped working during the COVID-19 pandemic, saying a reasonable jury could find that he was unable to do his work.
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July 14, 2025
Cigna Denies Responsibility For Alleged Health Data Breach
Cigna has asked a Pennsylvania federal judge to throw out class claims by health plan members alleging it failed to protect their private data, arguing they didn't show how their sensitive information was intercepted from the insurer's websites.
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July 14, 2025
Judge Suggests Pruning Ex-Turner Sports Worker's Bias Suit
A Georgia federal magistrate judge said Monday that the court should trim a former Turner Sports human resources employee's lawsuit claiming she was denied severance benefits when she quit following the merger of Discovery Inc. and WarnerMedia, saying the worker couldn't support allegations that an executive's statements caused her harm.
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July 14, 2025
Judge Says Med Device 401(k) Fee Suit Should Get A Trim
A Massachusetts federal magistrate judge recommended narrowing a proposed class action claiming a medical technology company saddled its retirement plan with excessive fees and abused forfeited funds, ruling the workers failed to show the business violated the plan's terms.
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July 14, 2025
Marriott Gets Worker's Wage Suit Tossed, For Now
A Washington federal judge reconsidered his prior decision sending a Marriott worker's wage and hour suit back to state court, agreeing with the hotel giant's argument that the amount in controversy is above $5 million, and dismissed the proposed class action while allowing the worker to update his claims.
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July 14, 2025
Ga. County Wants 11th Circ. To Nix Trans Deputy's Health Win
A Georgia county urged the Eleventh Circuit to reverse a transgender sheriff's deputy's trial court win on claims that denying coverage for a vaginoplasty constituted discrimination in violation of Title VII, arguing the U.S. Supreme Court's recent decision upholding a Tennessee state ban on gender-affirming care for minors supported its appeal.
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July 14, 2025
Fla. Says High Court Rulings Back Trans Care Medicaid Ban
Florida told the Eleventh Circuit that recent U.S. Supreme Court rulings affirm the legality of a state law banning Medicaid payments for gender-affirming medical care, arguing its restrictions mirror a similar Tennessee law upheld by the justices because it centers on gender dysphoria diagnoses, not one's sex.
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July 14, 2025
Ex-Tech Worker Says Expenses Suit Shouldn't Be Arbitrated
A customer experience technology company can't force arbitration in a lawsuit alleging remote workers weren't reimbursed for internet service and computers they were mandated to purchase, an ex-employee told a Colorado federal court, arguing the company can't show that she and another worker signed valid arbitration agreements.
Expert Analysis
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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What Compensation Committees Must Keep In Mind In 2025
New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Discretionary Compensation Lessons From 7th Circ. Ruling
The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel.
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Justices Likely To Stay In ERISA's Bounds On Pleadings
The arguments in Cunningham v. Cornell showed the U.S. Supreme Court's willingness to resolve a circuit split regarding Employee Retirement Income Security Act pleading standards by staying within ERISA's confines, while instructing courts regarding what must be pled to survive a motion to dismiss, says Ryan Curtis at Fennemore Craig.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.