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Benefits
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September 02, 2025
2nd Circ. Backs X In Arb. Fees In Severance Case
Courts can't sort out who pays arbitration fees, and employers' refusal to pay such fees isn't a failure to arbitrate, the Second Circuit ruled Tuesday, siding with X in a case accusing the social media platform of owing workers severance.
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September 02, 2025
Wells Fargo Employee Drug Cost Battle: What To Know
A group of former Wells Fargo employees is back in federal court this week with allegations the company mismanaged their prescription drug benefits, leading to millions in overpayments. The banking giant says the case is a do-over of allegations already axed by the Minnesota court
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September 02, 2025
Colgate-Palmolive To Shell Out $332M In Pension Payout Fight
Colgate-Palmolive retirees asked a New York federal judge to greenlight a $332 million class action deal in their suit claiming the household products company shorted them on lump-sum retirement payouts, signaling the end of a nearly decade-old case that reached the Second Circuit in 2023.Â
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August 29, 2025
Federal Judge Blocks New Texas ESG Disclosure Law
A Texas federal judge temporarily blocked the state attorney general from enforcing a new state law that requires proxy advisory firms to disclose when their advice stems from factors such as diversity and inclusion, siding with the companies that argued the law breaches the First Amendment.
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August 29, 2025
Kaiser Can't Ditch Bias Fight Over Hearing Aid Coverage
A Washington federal judge has refused to toss a proposed class action claiming Kaiser Foundation Health Plan Inc. violated the Affordable Care Act's nondiscrimination provision by refusing to cover certain hearing aid prescriptions, rejecting the plan's arguments that the alleged injuries aren't fairly traceable to KFHP, among other defenses.
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August 29, 2025
Amazon Workers Get Class Nod In Military Leave Bias Suit
A New York federal judge handed class certification to a group of workers alleging Amazon did not provide equal leave benefits to service members compared to those who took other forms of leave such as jury duty, although he found the class representative couldn't lead the case.
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August 29, 2025
GardaWorld Can't Avoid Tobacco, Vaccine Health Fee Suit
A North Carolina federal judge trimmed — but refused to toss — a proposed class action challenging a security company's health plan surcharges to employees who refused COVID-19 vaccinations and who use tobacco, opening discovery on claims that the fees violated nondiscrimination provisions in federal benefits law.
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August 29, 2025
4 Appellate Arguments For Benefits Attys To Watch In Sept.
Yellow Corp. seeks to revive a $137 million breach dispute against the Teamsters at the Tenth Circuit, married retirees will ask the Eleventh Circuit to restart a pension conversion fight, and the en banc Fifth Circuit reconsiders a challenge to a rule implementing a 2020 surprise health billing law.
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August 28, 2025
DOJ Seeks Kroger Patient Data In Opioid FCA Probe
The U.S. Department of Justice urged an Ohio federal court to order The Kroger Co. to turn over patient names and other health information the supermarket chain has redacted in responses to the government throughout a False Claims Act investigation into its opioid dispensing practices.
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August 28, 2025
Judge Suggests Certifying Narrower US Bank Retiree Class
A Minnesota federal magistrate judge has recommended granting certification to a narrowed class of U.S. Bank retirees who claim the bank unlawfully reduced their monthly pension payments upon early retirement, following the denial of a broader certification bid in April.
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August 28, 2025
6th Circ. Backs Calculation Redo On $11M Fund Exit Liability
The Sixth Circuit on Wednesday backed a Michigan federal judge's determination that a pension fund's actuary must recalculate a paving company's withdrawal liability, citing recently clarified precedent and agreeing that an $11 million sum was erroneously calculated.
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August 28, 2025
Ex-Katten Partner's $67M Age Bias Suit Stayed For Arbitration
A Manhattan federal judge stayed a $67 million discrimination lawsuit brought by a former Katten Muchin Rosenman LLP partner alleging the firm pushed him out of the aircraft-finance practice group, pressured him to resign and then fired him because of his age, saying there is an arbitration agreement at play.
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August 28, 2025
1st Circ. OKs Terminating Ex-Pharma VP's Disability Benefits
The First Circuit said Synta Pharmaceuticals' benefits administrator may terminate the benefits of a former executive after deeming that his significant weight loss, six-day-a-week pickleball hobby, and travels to far-flung places like Africa showed he was no longer disabled.
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August 28, 2025
PBGC Must Reconsider Bakery Union's $132M Bailout Bid
The Pension Benefit Guaranty Corp. must formally reexamine whether union bakery drivers can collect $132 million from a federal pension rescue program, a New York federal judge said Thursday after lifting a stay on the order following the Second Circuit's decision to reject the agency's rehearing bid.
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August 28, 2025
Healthcare Cos. Want Akerman's 'Indefensible' Fee Suit Nixed
Rennova Health Inc. and others asked a Florida state judge to dismiss Akerman LLP's unpaid fees case against the company, calling it "facially time-barred, factually flawed and legally indefensible."
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August 28, 2025
Judge Asks If Pension Swap Without Pay Loss Triggers ERISA
A Pennsylvania federal magistrate judge questioned Thursday whether retirees from ATI Inc. had standing to sue over an allegedly risky switch from a defined-benefit pension plan to an insurance-backed annuity, when all of their monthly payments remained the same.
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August 27, 2025
3rd Circ. Backs Special Master In NFL Concussion Fee Fight
The Third Circuit on Wednesday upheld a lower court decision that rejected awarding a law firm $3,000 in fees for representing a retired NFL player in his concussion injury litigation against the league, finding a special master properly applied Pennsylvania's lien law.
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August 27, 2025
Waste Management Gets Initial OK For $30M Settlement
Waste Management Inc. and its note purchasers have received a New York federal court's initial approval of their $30 million deal ending the purchasers' claims that the company concealed information regarding the U.S. Department of Justice's approval timeline of its acquisition of Advanced Disposal Services.
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August 27, 2025
2nd Circ. Partially Revives Suit Over Peloton COVID-19 Sales
A split Second Circuit panel Wednesday revived a shareholder suit accusing Peloton of intentionally misleading investors to believe that its pandemic-era spike in demand was sustainable, finding that three statements at issue in the complaint are actionable.
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August 27, 2025
Ex-Software Co. Execs' Win Upheld In Retirement Plan Fight
The Eleventh Circuit has ruled software company NCR Corp.'s "top hat" retirement plans didn't allow the company to issue lump-sum payments to plan participants as alternatives to promised life annuities, affirming former company executives' win in the contract breach suit alleging they were shortchanged payouts from the plans.
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August 27, 2025
7th Circ. Denies Alcoa's Bid To Stay Health Benefits Injunction
An aluminum manufacturer must comply with an injunction ordering it to reinstate union-represented retirees' healthcare benefits while it argues in court that it was allowed to transition them to health reimbursement accounts in 2021, the Seventh Circuit held, rejecting the company's request for the court to pause the injunction.
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August 27, 2025
Investors Push 4th Circ. To Revive Auto Parts Fraud Suit
Investors who accused Advanced Auto Parts and its top brass of misleading them about the failure of a new pricing strategy and purposefully inflating the impact of price reductions have urged the Fourth Circuit to revive their suit, arguing that they can't downplay the allegedly false accounting as insignificant, among other things.
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August 27, 2025
CVS To Pay $12M To Settle Mass. Medicaid Overbilling Claims
CVS Pharmacy Inc. will pay more than $12 million to settle allegations that it charged Massachusetts' Medicaid program higher prices than it offered to the public for the same drugs, the state attorney general announced Wednesday.
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August 27, 2025
JPMorgan Chase Wins Toss Of Stable Value 401(k) Fund Suit
A New Jersey federal judge tossed a proposed class action against JPMorgan Chase Bank NA alleging mismanagement of an employee 401(k) plan tied to the company's offering of an in-house "stable value" fund, finding an ex-worker leading the suit couldn't sue because he signed a claim release.
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August 27, 2025
Home Depot Avoids Ex-Worker's 401(k) Forfeiture Suit
A Georgia federal judge agreed to dismiss a proposed class action alleging Home Depot misspent forfeitures from an employee 401(k) plan by using the assets to reduce employer-side contribution obligations instead of lowering fees planwide, concluding allegations failed to state a claim for violating federal benefits law.
Expert Analysis
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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ERISA Forecast After Diverging Pension Risk Transfer Rulings
Two district courts' split decisions on whether plaintiffs had standing in class actions challenging pension risk transfer transactions, amid a swath of similar suits, provide an early indication of how courts might rule in this new wave of Employee Retirement Income Security Act litigation, say attorneys at Gibson Dunn.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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What Del. Supreme Court LKQ Decision Means For M&A Deals
The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.