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Benefits

  • May 01, 2025

    Generator Co. Wants Plug Pulled On COVID-Era Investor Suit

    Power generator maker Generac Holdings Inc. asked a Wisconsin federal judge to permanently toss an investor suit over the company's alleged failure to keep up with a surge in business during the COVID-19 pandemic, arguing the proposed class repeats arguments about Generac's sales disclosures that were previously dismissed.

  • May 01, 2025

    PBMs Tell 6th Circ. Ohio's Pricing Case Belongs In Fed Court

    Express Scripts and Prime Therapeutics urged the Sixth Circuit to undo a district court order returning a lawsuit from Ohio's attorney general alleging they drove up prescription drug prices to state court, arguing Wednesday an after-the-fact disclaimer of federal program-based claims isn't enough to sever a federal law connection.

  • May 01, 2025

    Ex-Conn. State Employee Cops To $1.8M Medicaid Scam Role

    A former Connecticut government employee admitted to playing a part in a $1.8 million scheme to defraud the Constitution State's Medicaid program by fraudulently billing services for children with autism that her company never provided, acting U.S. Attorney Marc H. Silverman has announced.

  • May 01, 2025

    401(k) Forfeiture Suit Not Backed By ERISA, Judge Says

    An Arizona federal judge nixed a proposed class action from workers who claimed a trucking company illegally used abandoned cash in its retirement fund to pay down its own contributions rather than covering plan fees, saying the workers' "novel theory" wasn't in line with federal benefits law.

  • May 01, 2025

    5th Circ. Keeps NFL Pension Plan's Atty Fee Appeal Afloat

    The NFL retirement plan's appeal of a $1.86 million award of attorney fees and expenses to a former player fighting for additional disability benefits will go forward, after a panel of the Fifth Circuit rejected his bid to stop it.

  • April 30, 2025

    Ga. Panel Backs Benefits For Worker Over COVID Safety

    The Georgia Court of Appeals has backed a former salesperson in a long-running fight with the state's Department of Labor over its refusal to pay her unemployment benefits when she quit her job over her company's refusal to follow public health protocols during the pandemic.

  • April 30, 2025

    3rd Circ. Preview: NJ To Defend ICE Contractor Law In May

    The Third Circuit's argument lineup for May will see the state of New Jersey defend a law barring its immigration detention centers from contracting with U.S. Immigration and Customs Enforcement, while Rutgers University seeks to keep its victory over claims it falsely inflated its business school's ranking.

  • April 30, 2025

    Intuit Strikes Deal To Resolve 401(k) Forfeiture Lawsuit

    Intuit has agreed to settle a proposed class action claiming it violated federal benefits law when it used forfeited 401(k) funds to cover its employer contributions to the plan rather than reduce the retirement plan's expenses, according to a filing in California federal court.

  • April 30, 2025

    Mich. AG Says Express Scripts, Prime Fix Pharmacy Rates

    Michigan Attorney General Dana Nessel took aim at pharmacy benefit managers Express Scripts and Prime Therapeutics this week in a lawsuit accusing them of a price-fixing deal the state said has crippled pharmacies.

  • April 30, 2025

    Marine Reservist Says Retaliation Suit Should Go To Trial

    A U.S. Marine Corps reservist urged a Texas federal court to keep in play his lawsuit alleging a professional services company fired him after two months because he took time off to attend training, saying the firm's reasoning that he was let go for poor performance is bogus.

  • April 30, 2025

    Barclay Damon Continues Growth With Morrison Cohen Hire

    Barclay Damon LLP is continuing the momentum its headcount growth made in 2024, announcing Tuesday that it has hired an employee benefits attorney from Morrison Cohen LLP in New York City.

  • April 30, 2025

    Bipartisan House Members Pitch Expanded Paid Family Leave

    A bipartisan group of House lawmakers unveiled legislation Wednesday that they said would expand access to paid family leave by incentivizing states to establish their own programs and facilitating the exchange of information between state and federal officials.

  • April 30, 2025

    Justices Say Reservists Get Extra Pay No Matter Wartime Role

    The U.S. Supreme Court ruled on Wednesday that federally employed military reservists called to active duty during wartime or a national emergency are entitled to a top-up differential pay, regardless of their specific role.

  • April 29, 2025

    Omnicare Hit With $136M Jury Verdict For Bilking Feds

    A New York federal jury on Tuesday returned a verdict finding that CVS Health Corp. subsidiary Omnicare illegally billed the federal government to the tune of $135.6 million, one of the largest jury verdicts in a False Claims Act case, according to a statement from the U.S. Department of Justice.

  • April 29, 2025

    Acadia Investors Seek Partial Win, Sanction In Healthcare Suit

    Investors suing behavioral health care provider Acadia Healthcare Co. have asked a federal judge to find that they relied on certain alleged misrepresentations before investing in the company after previously moving for sanctions over allegations that the company systematically destroyed pertinent records to stymie their understaffing claims.

  • April 29, 2025

    Ohio Justices Reinstate Trans Care Limits During AG's Appeal

    The Ohio Supreme Court on Tuesday reinstated state law limits on gender-affirming care for transgender youths pending Ohio Attorney General Dave Yost's appeal of what he called "radical constitutional views" of an Ohio state appeals court that last month blocked the restrictions.

  • April 29, 2025

    Deloitte, SCANA Investor Class Settle Suit Over Failed Project

    Deloitte and a certified class of SCANA Corp. investors told a South Carolina federal judge Tuesday they've settled claims accusing the accounting firm of issuing audit reports that misled investors about the progress the utility company was making on a $9 billion nuclear energy expansion project that never came to fruition.

  • April 29, 2025

    GenBioPro Can Defend FDA Approval In Mifepristone Suit

    A Texas federal judge has allowed drugmaker GenBioPro to join a legal fight over access to the abortion drug mifepristone, finding that the company has a distinct interest in defending federal approval of the generic version of the medication.

  • April 29, 2025

    Union Pension Fund Wins $132M Bailout Suit At 2nd Circ.

    A union pension fund won its multimillion-dollar dispute with the Pension Benefit Guaranty Corp. on appeal Tuesday, with the Second Circuit reversing a New York federal judge's 2023 decision that the PBGC was within its rights to reject the fund's 2022 application for $132 million in financial assistance.

  • April 29, 2025

    X Can't Escape Unjust Firing Claim In Severance Suit

    Three former Twitter executives can proceed with their claim that Elon Musk and the company owe them millions in severance benefits after falsely claiming they were fired justly, a California federal judge ruled, pointing to another suit mirroring nearly identical allegations.

  • April 29, 2025

    Opioid MDL Judge Won't Recuse Over Ex Parte Allegations

    An Ohio federal judge will not step aside from multidistrict opioid litigation after the plaintiffs' attorney, who had alleged the judge "regularly communicates" with other lawyers involved in the litigation, testified that there was no such communication after all, the judge ruled Tuesday.

  • April 29, 2025

    3rd Circ. Denies Post-Gazette Bid To Tweak Benefits Order

    The publisher of the Pittsburgh Post-Gazette can't get the Third Circuit to clarify or tweak an order to put its newsroom employees back on their old health insurance plan, despite concerns from the newspaper company that it may not have been eligible to reenroll them in the plan and would rather go back to bargaining instead.

  • April 29, 2025

    Retirees Fight Lockheed's Quick Appeal Push In Annuity Suit

    Lockheed Martin retirees urged a Maryland federal judge not to allow the company to immediately challenge a ruling that kept alive their suit claiming Lockheed illegally pushed workers' pensions into risky annuities, arguing an appeal would be premature even though a similar case was recently tossed out.

  • April 29, 2025

    Doctors Want Stay Of DQ Bid Amid Spine Center ERISA Deal

    Doctors and other former employees of Atlanta-area Polaris Spine and Neurosurgery PC have agreed to settle their ERISA claims alleging the center botched the distribution of their retirement benefits, also seeking a stay of Polaris' bid to have their Holland & Knight counsel disqualified over an alleged conflict.

  • April 29, 2025

    High Court Backs HHS In Hospital Pay Formula Dispute

    The U.S. Supreme Court on Tuesday sided with federal health officials in a challenge over a formula used to calculate billions of dollars in annual payments to hospitals treating indigent patients, saying that those entitled to Supplemental Security Income should be collecting cash payments before they're counted in the formula.

Expert Analysis

  • Issues To Watch In 2025's ERISA Litigation Landscape

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    Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.

  • Justices Could Stitch Up ERISA Circuit Split With Cornell Case

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    In Cunningham v. Cornell, scheduled for oral arguments next week, the U.S. Supreme Court has the opportunity to provide uniform pleading standards for Section 1106(a) of the Employee Retirement Income Security Act, the lack of which has vexed circuit courts and benefits counsel for years, says Scott Tippett at Offit Kurman.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

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