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Benefits
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August 19, 2025
Sotera Urges 6th Circ. To Toss Investors' Toxic Gas Suit
Sotera Health Co. urged the Sixth Circuit to affirm the dismissal of a lawsuit accusing it of concealing the carcinogenic nature of a gas used at its sterilization plants, saying "defending yourself in litigation is not securities fraud."
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August 19, 2025
Novo Nordisk Gets Forfeiture Claims Cut From 401(k) Suit
A New Jersey federal judge on Tuesday dismissed workers' allegations that Novo Nordisk unlawfully used forfeited funds in its $2.3 billion 401(k) plan for its own benefit and kept a shoddy fund on its investment roster, leaving an excessive fee claim in play.
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August 19, 2025
Bad Citations Aren't Always Sanctionable, Wash. Atty Argues
An attorney in Washington state vowed on Tuesday to appeal harsh sanctions an Arizona federal judge meted out Thursday over fake and misleading citations she included in an opening brief, releasing a statement arguing that the court's order "treats the mere existence of AI-hallucinated citations as an automatic violation" but "that is not what Rule 11 requires."
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August 19, 2025
Judge Backs Deal To Overhaul NY Kids' Mental Healthcare
A New York federal judge has given the green light to allow the state to revamp its Medicaid mental health services for children to expand greater in-home and crisis care to prevent the institutionalization of kids.Â
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August 19, 2025
Fanatics, NFT Co. Get Parental Leave Suit Narrowed
Fanatics LLC and a digital collectibles company knocked out part of a suit from a former executive who said he was fired for seeking parental leave, with a New York federal judge nixing his retaliation claim but letting allegations that the companies interfered with his leave rights move ahead.
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August 19, 2025
​​​​​​​CSX To Shell Out $440K In DOL Retirement Plan Fee Suit
CSX Transportation Inc. and the U.S. Department of Labor asked a Florida federal judge Tuesday to sign off on a $440,000 settlement ending the agency's lawsuit alleging the company unlawfully deducted fees from a trust devoted to funding its employee retirement plans.
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August 19, 2025
Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court
The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.
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August 18, 2025
Catching Up With Delaware's Chancery Court
Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.
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August 18, 2025
Honeywell Defeats Ex-Worker's 401(k) Forfeiture Suit
A New Jersey federal judge tossed a proposed class action Monday alleging Honeywell violated federal benefits law by putting 401(k) forfeitures toward employer-side contribution obligations instead of defraying administrative expenses, finding an ex-worker hadn't backed up claims the spending breached fiduciary duties or caused prohibited transactions.
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August 18, 2025
2nd Circ. Partially Reopens Grocery Chain 401(k) Fee Suit
The Second Circuit partially revived a proposed class action Monday against a Northeastern U.S. grocery chain alleging mismanagement of an employee 401(k) plan, finding a lower court wrongly tossed some allegations in the suit for failure to state a claim.
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August 18, 2025
NJ Seeks To Toss Ex-Judge's 'Second Bite' In Firing Suit
New Jersey on Friday asked a state court to award it a victory over some claims by a former workers' compensation judge that she was unconstitutionally removed from her job after similar claims in a separate suit of hers were rejected in December.
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August 18, 2025
Weil Lands Kirkland Executive Compensation Pro In LA
Weil Gotshal & Manges LLP is expanding its West Coast team, announcing Monday it is bringing in a Kirkland & Ellis LLP executive benefits expert as a partner in its year-old Los Angeles office.
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August 15, 2025
DOJ Backs Small Biz In Gender Dysphoria Coverage Dispute
The U.S. Department of Justice told a New Hampshire federal court Friday that employers are not required under federal anti-discrimination laws to provide medical coverage for gender dysphoria, and that federal religious freedom law protects a turbomachinery company from covering a transgender employee's treatment for the disorder.
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August 15, 2025
Prudential, Microsoft Worker Settle Disability Pay Fight
Prudential Insurance and a Microsoft employee told a Washington federal court they agreed to settle a suit in which the worker accused the company of failing to consider his stock awards when calculating his disability pay.
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August 15, 2025
2nd Circ. Says Sun Life Can't Nix Worker's Benefits Challenge
A split Second Circuit panel resuscitated a worker's suit challenging Sun Life's decision to deny her long-term disability benefits, ruling a release she signed with her employer didn't bar her from suing the insurance company because she was assured the agreement wouldn't block her ability to collect benefits.
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August 15, 2025
$111.25M Del. Settlement Proposed For Cencora Opioid Suits
Executives and board members of Cencora Corp. — formerly AmerisourceBergen — have tentatively settled for $111.25 million a Delaware Court of Chancery stockholder derivative suit accusing them of taking a "devil may care" attitude toward the illegal distribution of opioid painkillers at the center of a nationwide addiction epidemic.
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August 15, 2025
NY Fines Insurer Healthplex $2M Over Cybersecurity Failures
A dental insurance provider has agreed to pay a $2 million penalty and undergo an audit of its multifactor authentication controls in order to resolve the New York financial regulator's claims that its failure to implement robust cybersecurity safeguards led to an email phishing attack that exposed customers' sensitive data.
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August 15, 2025
Judge Removes Atty From Case Over 'Egregious' Citations
An Arizona federal judge has revoked a Washington state-based attorney's ability to practice in the Grand Canyon State and removed her as counsel in a social security disability lawsuit over a court filing containing fake and misleading case citations.
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August 15, 2025
X Denied Early Win In Ex-Worker's WARN Act Fight
A California federal court turned down X Corp.'s bid for an early win in a suit alleging Twitter employees weren't given proper notice of mass layoffs that followed Elon Musk's takeover of the social media company, citing disputes between the parties over why the ex-worker who sued was let go.
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August 14, 2025
OptumRx Flags Email Accidentally Sent To Opioid MDL Parties
UnitedHealth subsidiary OptumRx Inc. is seeking a ban on secret communications with the Ohio federal judge overseeing sprawling national opioid litigation after the court-appointed special master accidentally sent the company an email, intended for the judge, celebrating a "gambit" that prevented objections to his decision.
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August 14, 2025
Energy Co. Can't Avoid 401(k) Forfeiture, Fee Fight
A Florida federal judge refused Thursday to toss a proposed class action against NextEra Energy from an employee 401(k) participant who alleged plan forfeitures were misspent and that a recordkeeper illegally profited off retirement plan earnings, opening discovery on allegations that the conduct violated federal benefits law.
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August 14, 2025
Las Vegas Cos. Owe $1.2M In Union Pension Row, Judge Says
Two window-washing companies in Las Vegas are on the hook for more than $1.2 million in withdrawal liability to a union pension plan, a Nevada federal judge determined, concluding the businesses are successors of older companies.
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August 14, 2025
ServiceNow Inks $925K Deal In 401(k) Target-Date Fund Suit
Software company ServiceNow will pay $925,000 to settle a proposed class action alleging the business cost workers millions in savings by failing to trim underperforming target-date funds from its 401(k) plan, according to filings in California federal court docketed Thursday.
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August 14, 2025
HCA Settles Antitrust Claims Over Mission Health Contracts
HCA Healthcare Inc. has made several commitments for the operation of its Mission Health hospital system in North Carolina and also agreed to establish a $1 million charity fund to settle claims from municipalities that it used contractual terms to thwart competition and raise prices.
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August 13, 2025
Dick's Sporting Goods Suit Should Be Trimmed, Judge Says
A Pennsylvania federal judge has recommended trimming a shareholder class action that claims Dick's Sporting Goods misled investors about inventory levels and losses because of theft after the COVID-19 pandemic, finding that some of the suit's challenged statements are forward-looking and inactionable, among other things.
Expert Analysis
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How Latest High Court Rulings Refine Employment Law
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.
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Series
Law School's Missed Lessons: Navigating Client Trauma
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.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
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.
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What Employers Can Learn From Axed Mo. Sick Leave Law
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.
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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.