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Benefits
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August 29, 2025
Federal Judge Blocks New Texas ESG Disclosure Law
A Texas federal judge temporarily blocked the state attorney general from enforcing a new state law that requires proxy advisory firms to disclose when their advice stems from factors such as diversity and inclusion, siding with the companies that argued the law breaches the First Amendment.
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August 29, 2025
Kaiser Can't Ditch Bias Fight Over Hearing Aid Coverage
A Washington federal judge has refused to toss a proposed class action claiming Kaiser Foundation Health Plan Inc. violated the Affordable Care Act's nondiscrimination provision by refusing to cover certain hearing aid prescriptions, rejecting the plan's arguments that the alleged injuries aren't fairly traceable to KFHP, among other defenses.
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August 29, 2025
Amazon Workers Get Class Nod In Military Leave Bias Suit
A New York federal judge handed class certification to a group of workers alleging Amazon did not provide equal leave benefits to service members compared to those who took other forms of leave such as jury duty, although he found the class representative couldn't lead the case.
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August 29, 2025
GardaWorld Can't Avoid Tobacco, Vaccine Health Fee Suit
A North Carolina federal judge trimmed — but refused to toss — a proposed class action challenging a security company's health plan surcharges to employees who refused COVID-19 vaccinations and who use tobacco, opening discovery on claims that the fees violated nondiscrimination provisions in federal benefits law.
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August 29, 2025
4 Appellate Arguments For Benefits Attys To Watch In Sept.
Yellow Corp. seeks to revive a $137 million breach dispute against the Teamsters at the Tenth Circuit, married retirees will ask the Eleventh Circuit to restart a pension conversion fight, and the en banc Fifth Circuit reconsiders a challenge to a rule implementing a 2020 surprise health billing law.
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August 28, 2025
DOJ Seeks Kroger Patient Data In Opioid FCA Probe
The U.S. Department of Justice urged an Ohio federal court to order The Kroger Co. to turn over patient names and other health information the supermarket chain has redacted in responses to the government throughout a False Claims Act investigation into its opioid dispensing practices.
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August 28, 2025
Judge Suggests Certifying Narrower US Bank Retiree Class
A Minnesota federal magistrate judge has recommended granting certification to a narrowed class of U.S. Bank retirees who claim the bank unlawfully reduced their monthly pension payments upon early retirement, following the denial of a broader certification bid in April.
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August 28, 2025
6th Circ. Backs Calculation Redo On $11M Fund Exit Liability
The Sixth Circuit on Wednesday backed a Michigan federal judge's determination that a pension fund's actuary must recalculate a paving company's withdrawal liability, citing recently clarified precedent and agreeing that an $11 million sum was erroneously calculated.
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August 28, 2025
Ex-Katten Partner's $67M Age Bias Suit Stayed For Arbitration
A Manhattan federal judge stayed a $67 million discrimination lawsuit brought by a former Katten Muchin Rosenman LLP partner alleging the firm pushed him out of the aircraft-finance practice group, pressured him to resign and then fired him because of his age, saying there is an arbitration agreement at play.
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August 28, 2025
1st Circ. OKs Terminating Ex-Pharma VP's Disability Benefits
The First Circuit said Synta Pharmaceuticals' benefits administrator may terminate the benefits of a former executive after deeming that his significant weight loss, six-day-a-week pickleball hobby, and travels to far-flung places like Africa showed he was no longer disabled.
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August 28, 2025
PBGC Must Reconsider Bakery Union's $132M Bailout Bid
The Pension Benefit Guaranty Corp. must formally reexamine whether union bakery drivers can collect $132 million from a federal pension rescue program, a New York federal judge said Thursday after lifting a stay on the order following the Second Circuit's decision to reject the agency's rehearing bid.
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August 28, 2025
Healthcare Cos. Want Akerman's 'Indefensible' Fee Suit Nixed
Rennova Health Inc. and others asked a Florida state judge to dismiss Akerman LLP's unpaid fees case against the company, calling it "facially time-barred, factually flawed and legally indefensible."
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August 28, 2025
Judge Asks If Pension Swap Without Pay Loss Triggers ERISA
A Pennsylvania federal magistrate judge questioned Thursday whether retirees from ATI Inc. had standing to sue over an allegedly risky switch from a defined-benefit pension plan to an insurance-backed annuity, when all of their monthly payments remained the same.
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August 27, 2025
3rd Circ. Backs Special Master In NFL Concussion Fee Fight
The Third Circuit on Wednesday upheld a lower court decision that rejected awarding a law firm $3,000 in fees for representing a retired NFL player in his concussion injury litigation against the league, finding a special master properly applied Pennsylvania's lien law.
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August 27, 2025
Waste Management Gets Initial OK For $30M Settlement
Waste Management Inc. and its note purchasers have received a New York federal court's initial approval of their $30 million deal ending the purchasers' claims that the company concealed information regarding the U.S. Department of Justice's approval timeline of its acquisition of Advanced Disposal Services.
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August 27, 2025
2nd Circ. Partially Revives Suit Over Peloton COVID-19 Sales
A split Second Circuit panel Wednesday revived a shareholder suit accusing Peloton of intentionally misleading investors to believe that its pandemic-era spike in demand was sustainable, finding that three statements at issue in the complaint are actionable.
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August 27, 2025
Ex-Software Co. Execs' Win Upheld In Retirement Plan Fight
The Eleventh Circuit has ruled software company NCR Corp.'s "top hat" retirement plans didn't allow the company to issue lump-sum payments to plan participants as alternatives to promised life annuities, affirming former company executives' win in the contract breach suit alleging they were shortchanged payouts from the plans.
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August 27, 2025
7th Circ. Denies Alcoa's Bid To Stay Health Benefits Injunction
An aluminum manufacturer must comply with an injunction ordering it to reinstate union-represented retirees' healthcare benefits while it argues in court that it was allowed to transition them to health reimbursement accounts in 2021, the Seventh Circuit held, rejecting the company's request for the court to pause the injunction.
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August 27, 2025
Investors Push 4th Circ. To Revive Auto Parts Fraud Suit
Investors who accused Advanced Auto Parts and its top brass of misleading them about the failure of a new pricing strategy and purposefully inflating the impact of price reductions have urged the Fourth Circuit to revive their suit, arguing that they can't downplay the allegedly false accounting as insignificant, among other things.
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August 27, 2025
CVS To Pay $12M To Settle Mass. Medicaid Overbilling Claims
CVS Pharmacy Inc. will pay more than $12 million to settle allegations that it charged Massachusetts' Medicaid program higher prices than it offered to the public for the same drugs, the state attorney general announced Wednesday.
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August 27, 2025
JPMorgan Chase Wins Toss Of Stable Value 401(k) Fund Suit
A New Jersey federal judge tossed a proposed class action against JPMorgan Chase Bank NA alleging mismanagement of an employee 401(k) plan tied to the company's offering of an in-house "stable value" fund, finding an ex-worker leading the suit couldn't sue because he signed a claim release.
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August 27, 2025
Home Depot Avoids Ex-Worker's 401(k) Forfeiture Suit
A Georgia federal judge agreed to dismiss a proposed class action alleging Home Depot misspent forfeitures from an employee 401(k) plan by using the assets to reduce employer-side contribution obligations instead of lowering fees planwide, concluding allegations failed to state a claim for violating federal benefits law.
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August 27, 2025
Plantronics Investors Get Final OK For $29.5M Settlement
Investors in electronics company Plantronics have gotten final approval for their $29.5 million deal ending class action claims the company engaged in a "channel-stuffing" scheme to bolster its revenues, hurting investors when trading prices fell after it acknowledged fallout from the scheme.
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August 26, 2025
Five Below Beats Some Investor Claims On Growth Potential
A Pennsylvania federal judge has trimmed some claims from a shareholder suit accusing discount retailer Five Below and its executives of overstating the company's growth prospects and its ability to curb inventory loss, finding some of the suit's challenged statements to be inactionable, among other things.
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August 26, 2025
Ex-Genentech Worker Urges 9th Circ. To Revive ERISA Suit
Counsel for a former Genentech employee urged the Ninth Circuit at a hearing Tuesday to revive his client's proposed class action alleging the biotechnology company kept unwise investment options in its 401(k) plan for years, saying the case is "vastly different" from one the lower court cited when tossing the suit.
Expert Analysis
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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FMLA Expansion Sees State Progress Despite Federal Barriers
Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.
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What High Court's Tenn. Trans Care Ruling Means Nationally
The U.S. Supreme Court's decision in U.S. v. Skrmetti, upholding a Tennessee ban on gender-affirming medical care for minors, is fairly limited in scope and closely tailored to the specific language of Tennessee's law, but it may have implications for challenges to similar laws in other states, say attorneys at Hall Render.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Del. Ruling May Redefine Consideration In Noncompetes
The Delaware Court of Chancery's conclusion in North American Fire v. Doorly, that restrictive covenants tied to a forfeited equity award were unenforceable for lack of consideration, will surprise many employment practitioners, who should consider this new development when structuring equity-based agreements, say attorneys at Morrison Foerster.
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.