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Benefits
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July 08, 2025
BCBS Of Mich. Wants Yacht Company's ERISA Fight Tossed
A Michigan Blue Cross Blue Shield affiliate urged a federal court to toss a yacht company's suit alleging mismanagement of its employee health plan, arguing its allegations that out-of-network claims were mishandled were time-barred and failed to state a claim for violating federal benefits law.
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July 08, 2025
Wells Fargo Wants Investors' 'Sham' Hiring Suit Tossed
Wells Fargo & Co. is once again looking to rid itself of a California-based class action accusing it of deceiving investors about its hiring practices, arguing that suing shareholders have not found any evidence that so-called sham job interviews were widespread at the bank.
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July 08, 2025
HHS Can't Dodge Suit Over Nixed LGBTQ Bias Protections
A New York federal judge declined Tuesday to toss a transgender woman's suit challenging President Donald Trump's decision to roll back anti-discrimination regulations for LGBTQ patients during his first term, rejecting arguments from the government that the case is moot given that a Biden-era rule restored the protections.
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July 08, 2025
Masimo Criticizes Bid To DQ Quinn Emanuel In Payout Suit
Masimo Corp. is fighting a bid by its former CEO Joe Kiani to disqualify Quinn Emanuel Urquhart & Sullivan LLP from representing the medical technology company in Delaware Chancery Court litigation over Kiani's quest for a $450 million payout.
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July 08, 2025
3rd Circ. Gives Philly Bus Driver Fresh Chance At FMLA Suit
The Third Circuit on Tuesday reinstated a former Philadelphia bus driver's lawsuit alleging public transit authority SEPTA bucked the Family and Medical Leave Act when it fired him for missing work due to his sickle cell anemia.
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July 08, 2025
Weil Executive Comp Atty Rejoins Sullivan & Cromwell
An experienced executive compensation attorney has departed Weil Gotshal & Manges LLP and returned to Sullivan & Cromwell LLP, where she's spent much of her legal career.
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July 08, 2025
Calif. Agency Rolls Out Guidance For Violence Survivor Leave
The California Civil Rights Department rolled out its latest guidance and model notice for employees who are victims of violence or abuse and wish to take time off under a law that went into effect in the state in January.
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July 07, 2025
Aetna's Trade Law Claim Lacks Merit, Air Ambulance Cos. Say
Six out-of-state air ambulance companies suing Aetna in Connecticut federal court claiming violations of the federal No Surprises Act say they shouldn't be forced to face the insurer's Connecticut Unfair Trade Practices Act counterclaim because their billing practices were for a time allowed by federal law.
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July 07, 2025
Pittsburgh Post-Gazette Says NLRB Can't Dictate Business
The publisher of the Pittsburgh Post-Gazette told the Third Circuit Monday that the National Labor Relations Board was impermissibly dictating business decisions for the struggling newspaper when it ruled the paper's contract proposals were unacceptable and made in bad faith.
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July 07, 2025
MLB Pension Plan Says Spouse Of 7 Weeks Doesn't Qualify
Major League Baseball's pension plan doubled down Monday on its argument that a woman who married a retired Cincinnati Reds pitcher seven weeks before he died cannot collect surviving spouse benefits, saying marriages must last a year for spouses to qualify.
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July 07, 2025
Pregnant Doc, Medical Orgs. Sue To Block RFK's Vax Directive
A pregnant doctor who fears she will be denied a COVID-19 vaccination, along with a coalition of medical associations, sued Health and Human Services Secretary Robert F. Kennedy Jr. in Massachusetts federal court on Monday challenging his directive recommending against the shot for pregnant women and children.
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July 07, 2025
Planned Parenthood Wins Block of 'Catastrophic' Defunding
A Massachusetts federal judge late Monday agreed to temporarily block the Trump administration's plans to prohibit Planned Parenthood health centers from receiving Medicaid reimbursements, issuing a temporary restraining order just hours after Planned Parenthood sued, saying the consequences would be "catastrophic."
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July 07, 2025
Law Firm, Worker Seek Pre-Trial Wins In Pregnancy Bias Suit
A personal injury law firm told a New Mexico federal court Monday that a legal assistant was pushed out not because she was pregnant but because she was a poor performer, while the former employee argued the firm reneged on its promise to pay her in exchange for quitting.
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July 07, 2025
AIG Pays $6M For Fire In Chinese Exile Guo's NYC Apartment
AIG Property Casualty Co. has paid more than $6 million to a company once owned by Chinese exile and since-convicted fraudster Miles Guo after a fire damaged his former residence in New York City's Sherry-Netherland Hotel, an exclusive co-op across the street from Central Park, a court filing indicates.
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July 07, 2025
Ex-Leerink Banker Can't Get Redo On Unpaid Bonuses Claim
A Massachusetts federal judge declined on Monday to rethink partially tossing a former Leerink Partners employee's suit alleging she was cheated out of millions of dollars in bonuses, rejecting the worker's argument that new evidence should change the court's mind.
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July 07, 2025
Settlement Unlikely In Airline Group's Colo. Sick Leave Suit
An airline lobby and the state of Colorado told a federal court last week that a settlement "appears unlikely" in the airline group's case claiming the state's sick leave law is preempted by federal law.
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July 03, 2025
Anthem Dodges Most Claims In Lab's $3.8M Insurance Suit
A federal judge has dismissed a lab's $3.8 million suit against Anthem Blue Cross Blue Shield of Connecticut over nearly 3,000 unpaid insurance claims related to medical testing, finding the majority were barred by anti-assignment provisions, ERISA preemption and contractual time limits.
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July 03, 2025
Plumbing Co. Seeks $25M In Coverage For ERISA Claims
A plumbing subcontractor told a California federal court that its primary insurer was improperly limiting its coverage in an employee stock ownership plan dispute, hindering its ability to tap into its full $25 million tower of management liability coverage.
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July 03, 2025
4 Things To Watch At DOL In 2025's 2nd Half
Management-side attorneys are expecting a shakeup at the U.S. Department of Labor if President Donald Trump's pick to lead the agency's employee benefits arm wins Senate confirmation. Here, Law360 looks at four issues that employee benefits experts say they'll be monitoring at the DOL in the latter half of the year.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
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July 03, 2025
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.
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July 03, 2025
Call Center Co. Wants Out Of Misclassification Suit
A suit by workers accusing a call center company of incorrectly classifying them as independent contractors and then firing them when they complained must be thrown out, the company told a Florida federal court, saying the complaint is a "textbook impermissible shotgun pleading."
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July 03, 2025
Justices Clarify Question Underlying Withdrawal Liability Case
The U.S. Supreme Court clarified the question presented in a case it recently agreed to take up over the methodology for calculating businesses' liability for pulling out of multiemployer pension plans.
Expert Analysis
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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What To Know About New Employment Laws In Fla.
Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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2 Rulings Show How Courts Assess Health Benefit Denials
Two recent decisions from federal appeals courts offer important insights into how courts are assessing denials of health benefit claims brought under the Employee Retirement Income Security Act, including guidance on how plan administrators should evaluate claims and what documents must be disclosed, says Mark DeBofsky at DeBofsky Law.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Mental Health Parity Rules: Tips For Plans And Issuers
Following federal agencies' release of final mental health parity rules, plan sponsors and health insurance issuers should develop protocols for preparing compliant nonquantitative treatment limitation comparative analyses, say attorneys at Ropes & Gray.