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Benefits

  • September 12, 2025

    Fresh Angles On Display In ERISA Summer Filing Uptick

    Attorneys dealing with a rise in Employee Retirement Income Security Act cases are paying close attention to a handful of recent suits with allegations that put a twist on traditional benefits disputes. Here, Law360 looks at three cases with fresh angles that lawyers are keeping an eye on.

  • September 11, 2025

    BofA Still Can't Block Exec Depositions In COVID Fraud MDL

    A California federal judge has refused to rethink his earlier order requiring Bank of America NA's CEO and former chief operating officer to sit for depositions in multidistrict litigation over alleged security failures at the bank during the COVID-19 pandemic, ruling the bank hasn't shown he erred.

  • September 11, 2025

    Ex-BofA Exec Sues Insurer For Denied Disability Pay

    Tennessee-based Provident Life & Accident Insurance Co. has been sued in North Carolina federal court by a former Bank of America vice president accusing it of unlawfully denying him disability benefits after he allegedly received a traumatic brain injury at work.

  • September 11, 2025

    11th Circ. Seeks Additional Briefing In Mortality Table Suit

    The Eleventh Circuit has requested additional briefing on what the term "actuarial equivalence" meant when the Employee Retirement Income Security Act was enacted in an appeal by married utility company retirees who filed a class suit claiming their pension benefits were lowballed due to outdated mortality tables used in conversions.

  • September 11, 2025

    Dental Supply Co.'s $84M Price-Fixing Deal Gets Final OK

    Dental supply company Dentsply Sirona Inc. and its investors have gotten final approval for an $84 million deal resolving consolidated shareholder class action claims that the company hurt investors by concealing a price-fixing scheme and a distributor's inventory buildup.

  • September 11, 2025

    BofA Wants Quick 4th Circ. Appeal In 401(k) Forfeiture Suit

    Bank of America wants to appeal a North Carolina federal court's denial of its dismissal bid in a proposed class action filed on behalf of 401(k) participants alleging the bank misspent forfeitures from workers' retirement plan.

  • September 11, 2025

    LifePoint Must Face Workers' 401(k) Mismanagement Suit

    A Tennessee federal judge refused to toss a proposed class action against LifePoint Health Inc. from participants in the healthcare company's employee 401(k) plan who alleged their retirement savings were dragged down by excessive recordkeeping and administrative fees, concluding allegations were sufficiently backed up to proceed to discovery.

  • September 10, 2025

    En Banc 11th Circ. Ruling Hints At Broad Reach For Skrmetti

    The Eleventh Circuit invoking a U.S. Supreme Court ruling that backed a Tennessee ban on gender-affirming care for minors to rule against a transgender Georgia sheriff's deputy who challenged her health plan's coverage exclusions invites lower courts to import the justices' rationale into workplace discrimination cases, experts say.  

  • September 10, 2025

    NJ Comptroller Targets Firm Linked To Exonerated Mogul

    A New Jersey insurance brokerage founded by Democratic power broker George E. Norcross III violated public contracting laws and failed to disclose conflicts of interest to state regulators, according to a report by the state's Office of the State Comptroller.

  • September 10, 2025

    Airbnb Presses Bid To Toss Conservative Shareholders' Suit

    Airbnb Inc. is urging a Delaware federal judge to reject a lawsuit from two conservative institutional shareholders, arguing that delivery of the groups' shareholder proposals to the company's mail room doesn't suggest executives sought to exclude the submissions from the company's 2025 proxy materials.

  • September 10, 2025

    Calif. Gig Worker Union Bill Sent To Newsom's Desk

    A plan to give gig drivers in California the right to unionize and negotiate certain job terms and conditions is headed to Gov. Gavin Newsom's desk less than two weeks after state leaders reached a deal with Uber and Lyft to facilitate its passage.

  • September 10, 2025

    Emirates Wants To Land Laid-Off Workers' Class Cert. Bid

    A group of former Emirates employees should not receive class certification in their suit claiming the airline discriminated against American employees during its 2020 layoffs that they said were made without proper notice, the airline told a New York federal court.

  • September 10, 2025

    Medical Equipment Co. Settles County Claims In Opioid MDL

    Medical equipment company Henry Schein Inc. and its related entities have settled claims by Virginia counties brought against it in the sprawling national opioid litigation, according to a notice filed Wednesday.

  • September 10, 2025

    Molson Coors Kept Subpar Fund In $2B 401(k) Plan, Suit Says

    Molson Coors kept a risky and poorly performing fund in its nearly $2 billion employee 401(k) plan, costing plan participants millions of dollars in retirement savings, a former worker for the brewing giant said in a proposed class action in Wisconsin federal court.

  • September 10, 2025

    Alerus Narrows But Can't Beat Suit Over $7.2M ESOP Sale

    A California federal judge trimmed but declined to throw out a suit against employee stock ownership plan trustee Alerus Financial by telecommunications company workers who say they got shorted in a $7.2 million share sale, allowing claims to move forward that Alerus should have challenged the deal.

  • September 09, 2025

    11th Circ. Won't Rehear Bakery's $15.6M Union Pension Row

    An Eleventh Circuit panel is standing by its decision to make a wholesale bakery pay up to $15.6 million after withdrawing from a union pension fund, saying Tuesday that it won't rehear the case.

  • September 09, 2025

    Head Start Immigration Checks May Be Paused, Judge Hints

    A Washington federal judge seemed open to freezing a Trump administration policy requiring Head Start participants to prove citizenship, directing questions during a Tuesday hearing to how children will be affected after three decades of contrary practice.

  • September 09, 2025

    CenterPoint Inks Deal To End Workers' 401(k) Fee Suit

    CenterPoint Energy has agreed to settle a proposed class action filed in Texas federal court claiming it failed to rein in costly management fees for its $3 billion retirement plan, resulting in millions in losses for workers' retirement savings.

  • September 09, 2025

    5th Circ. Backs Texas University In Medical Leave Suit

    The Fifth Circuit upheld Texas Christian University's win over a former employee's lawsuit claiming she was fired for taking medical leave, saying she failed to show she was eligible for federally protected time off to take care of her mental health.

  • September 09, 2025

    UFCW Fund Accuses NYC Hospital Giant Of Juicing Prices

    A United Food and Commercial Workers health fund has filed a proposed class action against New York-Presbyterian Hospital, accusing one of New York City's biggest hospital networks of abusing its market power to strong-arm insurers into accepting deals that entrench its high prices.

  • September 09, 2025

    Fed Circ. Won't Revive Ex-DOI Worker's Military Bias Case

    The Federal Circuit on Tuesday refused to revive a former U.S. Department of the Interior employee's allegations that he was denied promotions because he's an Air Force veteran, ruling the claims were precluded by a 2008 settlement agreement and 2022 appeals court decision.

  • September 09, 2025

    Full 11th Circ. Backs Health Plan's Gender Care Exclusions

    The Eleventh Circuit struck down a win Tuesday for a transgender sheriff's deputy who sued a Georgia county health plan after it refused to pay for gender-affirming surgery, saying the challenged coverage exclusion did not violate federal anti-discrimination law.  

  • September 09, 2025

    BDO Seeks To Ditch Bulk Of Ex-Partner's $75M Bias Suit

    Accounting firm BDO sought to fend off most of the claims in a $75 million discrimination suit brought by a former tax partner who took leave when her son had a stroke, telling a New York federal court she was not an employee protected by the laws she says the firm violated.

  • September 09, 2025

    Lambda Legal Attorney Indicted Over Judge Shopping Probe

    An attorney with LGBTQ rights nonprofit Lambda Legal has been charged in Alabama federal court in connection with an alleged judge-shopping scandal in Alabama, with prosecutors claiming he lied to a panel of federal judges investigating the episode.

  • September 08, 2025

    Lowe's Workers Drop Suit Claiming Unlawful Insurance Fees

    Ex-Lowe's employees have dropped a proposed class action alleging the home improvement retailer violated federal law by overcharging tobacco-using employees for health insurance, according to a notice filed in North Carolina federal court.

Expert Analysis

  • Arguing The 8th Amendment For Reduction In FCA Penalties

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    While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.

  • $95M Caremark Verdict Should Put PBMs On Notice

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    A Pennsylvania federal judge’s recent ruling that pharmacy benefits manager CVS Caremark owes the government $95 million for overbilling Medicare Part D-sponsored drugs highlights the effectiveness of the False Claims Act, as scrutiny of PBMs’ outsized role in setting drug prices continues to increase, say attorneys at Duane Morris.

  • Series

    Playing Mah-Jongg Makes Me A Better Mediator

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    Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

  • How Latest High Court Rulings Refine Employment Law

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    The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.

  • Series

    Law School's Missed Lessons: Navigating Client Trauma

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    Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • What Employers Can Learn From Axed Mo. Sick Leave Law

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    Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    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.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    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.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    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.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    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.

  • FMLA Expansion Sees State Progress Despite Federal Barriers

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    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.

  • What High Court's Tenn. Trans Care Ruling Means Nationally

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    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.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    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.

  • High Court ACA Ruling May Harm Preventative Care

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    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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