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Benefits
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December 02, 2024
Mich. Justices To Mull Immigrant Org.'s Workers' Comp Fight
The Michigan Supreme Court said Monday it would review whether a one-year filing deadline bars an immigrant legal aid organization from forcing the state to stop denying workers' compensation benefits based on immigration status.
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December 02, 2024
Red Cross Says 401(k) Suit Lacks Proof Of Mismanagement
The American National Red Cross urged a D.C. federal judge Monday to toss a suit claiming it hindered its retirement plan with steep fees and underperforming funds, arguing that the group of workers behind the proposed class action hasn't put forward proof of imprudent management.
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December 02, 2024
9th Circ. Partially Upholds Block Of Idaho Abortion Travel Ban
A split Ninth Circuit panel on Monday upheld part of a lower court's temporary injunction to an Idaho law that criminalizes helping minors travel out of state to receive abortions without parental permission, finding the "recruiting" portion of the law is unconstitutional.
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December 02, 2024
Citigroup Workers Say 2 Courts Back Their 401(k) Suit
A proposed class of ex-workers for Citigroup Inc. urged a Connecticut federal court on Monday to reject their former employer's motion to dismiss a case alleging mismanagement of an employee 401(k) plan, arguing that two recent decisions in similar cases supported allowing the claims to proceed.
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December 02, 2024
Yellow Fights Teamsters' Call For 10th Circ. To Nix Claims
The Tenth Circuit should not pay mind to arguments from the Teamsters about upholding a lower court's dismissal of Yellow Corp.'s $137 million suit against the union, the company is arguing, doubling down on its claims that it was not required to exhaust the grievance process under a contract.
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December 02, 2024
Worker's Case Threatens 'Sea Change,' Conn. Justices Hear
If the Connecticut Supreme Court sides with a workers' compensation claimant who is challenging a benefits determination, it would "create a sea change" that makes claims "drastically more expensive," the state's mental health agency told the justices Monday.
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December 02, 2024
DOL Gets Partial Default Win In ERISA Suit Against Payroll Co.
A Maryland federal court gave the U.S. Department of Labor a partial default win Monday in an enforcement case in which the DOL lodged 401(k) mismanagement claims against a defunct Baltimore payroll processing company and its owner, who was sentenced to prison in August for embezzlement and tax fraud.
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December 02, 2024
Chancery OKs $345M Fee Award For $55B Musk Pay Fight
Delaware's chancellor approved a $345 million attorney fee award Monday in the case that scuttled Tesla CEO Elon Musk's 10-year, $55.6 billion compensation plan, rejecting the plaintiff's bid for $5.6 billion in freely tradable company shares and declining to reinstate Musk's proposed pay.
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December 02, 2024
Ex-Luxottica Worker's Pension Claims Must Be Heard In Court
A New York federal judge agreed to revive in-court proceedings on a Luxottica ex-worker's claims in a federal benefits lawsuit that she made on behalf of her pension plan, but held firm on the court's earlier decision to compel individual arbitration of other claims.
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December 02, 2024
Va. Utility Co. Settles Worker's COVID Leave Suit
A Virginia utility company reached a deal to resolve a former worker's lawsuit alleging he was fired after asking to use federal medical leave due to complications from COVID-19, according to a filing in federal court.
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December 02, 2024
Weil Adds Banking And Finance, Exec Comp. Pros In NY
Weil Gotshal & Manges LLP announced Monday that it has added two attorneys to its New York office, one to bolster its banking and finance practice and the other to strengthen its executive compensation and benefits group.
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November 27, 2024
GOP-Led States Accuse BlackRock Of Driving Up Coal Prices
Texas is leading a coalition of nearly a dozen Republican-led states suing BlackRock Inc. and two other large asset managers for allegedly running an "investment cartel" that takes advantage of their large holdings in publicly traded energy companies to drive up coal prices, a claim that BlackRock has said is "baseless and defies common sense."
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November 27, 2024
PBM Says Opioid Ruling Ignored High Court's Privilege Stance
A special master's ruling that internal audit records from Express Scripts Inc. are not protected by attorney-client privilege should be overturned because it contradicts nearly 40 years of U.S. Supreme Court precedent, the pharmacy benefit manager told an Ohio federal court overseeing multidistrict opioid litigation.
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November 27, 2024
AME Church, Retirees Ask To Drop Bishops From $90M Suit
The African Methodist Episcopal Church and employees who alleged the church and its investment providers failed to prevent a rogue employee from embezzling $90 million from their retirement plan asked a Tennessee federal court to dismiss claims against two bishops in the case, citing a settlement reached earlier this year.
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November 27, 2024
Conn. High Court Snapshot: Bank Regulation, Workers' Comp
When it convenes for the third term of the season, the Connecticut Supreme Court will hear cases that could affect the scope of the state banking department's authority to determine its own jurisdiction and clarify a workers' compensation benefits law.
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November 27, 2024
3 Argument Sessions Benefits Attys Should Watch In Dec.
The U.S. Supreme Court will hear the federal government's constitutional challenge to Tennessee's ban on gender-affirming care for minors, the Ninth Circuit will weigh if Idaho can ban abortions even in emergencies, and the D.C. Circuit will wade into a pension withdrawal liability fight. Here are three argument sessions benefits attorneys should keep an eye on in December.
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November 26, 2024
GE Inks $362.5M Settlement In Investors' Stock Fraud Suit
General Electric Co. shareholders asked a Manhattan federal judge to greenlight a $362.5 million settlement resolving long-running litigation on the cusp of trial that alleged the industrial giant's stock price plummeted after it was revealed the company fraudulently concealed cash flow problems.
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November 26, 2024
Macy's Says High Court Ruling Guts DOL's Tobacco Fee Case
Macy's urged an Ohio federal judge to ax a U.S. Department of Labor claim that the company discriminated against tobacco users by charging them an extra fee through its health insurance plan, arguing that the U.S. Supreme Court's recent Loper Bright ruling disqualifies the agency's regulations at issue.
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November 26, 2024
9th Circ. Pauses Ruling For VA To Build Vets' Housing
The Ninth Circuit paused a federal judge's order for the U.S. Department of Veterans Affairs to build housing for veterans on a Los Angeles campus, allowing time for several constituents to weigh in on the matter.
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November 26, 2024
9th Circ. Reopens Teachers' Retirement Savings Interest Suit
The Ninth Circuit on Tuesday revived a class action accusing the Washington state pension agency of unlawfully skimming interest earned by thousands of teachers on their retirement accounts, ruling the trial court went too far when it ruled the educators' suit was untimely.
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November 26, 2024
Ex-Regeneron Director Says FMLA Suit Should Stay In Court
A former Regeneron Pharmaceuticals director asked a New York federal court not to toss her suit, saying she put forward sufficient details to back up her accusations that she was fired for lodging a complaint about her supervisor's abuse and requesting a flexible schedule to care for her daughter.
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November 26, 2024
Retirees Fight For Class Cert. In US Bancorp Benefits Suit
Three U.S. Bancorp retirees urged a Minnesota federal judge to certify a 2,300-member class action claiming the bank holding company shorted them on early retirement benefits, arguing that the institution's contentions with its expert's analysis of the pension plan shouldn't block certification.
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November 25, 2024
Missouri Gender-Affirming Care Ban Upheld As Constitutional
A Missouri state judge rejected a legal challenge to the state's ban on providing gender-affirming care to minors and adults, finding Monday the court should defer to the Legislature given that challengers hadn't proven the restrictions violated the U.S. Constitution.
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November 25, 2024
401(k) Beneficiaries Sue Ga. Company Over Distribution Delay
Two retirement plan beneficiaries filed a complaint in Georgia federal court accusing their deceased family member's employer of failing to timely distribute the funds in her account in violation of the Employee Retirement Income Security Act of 1974, leading them to lose out on more than $55,000.
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November 25, 2024
Beyond Meat Told It's Likely To Beat Production Woe Suit
A Los Angeles federal judge appeared poised Monday to toss, for good, a reworked investor class action accusing Beyond Meat of concealing major problems with its efforts to scale production on plant-based meat substitutes for fast food chains like McDonald's, KFC and Pizza Hut.
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.