Benefits

  • June 29, 2022

    Justices Say Texas Not Immune To Military Discrimination Suit

    The U.S. Supreme Court ruled Wednesday that state employers do not have sovereign immunity to a military anti-discrimination law, reviving a former Texas state trooper's allegations that he was unlawfully forced out of his job due to injuries from his Army service.

  • June 29, 2022

    Ohio Abortion Clinics Turn To State High Court After Dobbs

    Abortion clinics on Wednesday asked Ohio's highest court to declare that a law in effect that bans most abortions violates the state's constitution, a legal strategy they see as a new path forward following the U.S. Supreme Court's decision to overturn Roe v. Wade.

  • June 28, 2022

    PDQ Execs Beat Worker Suit Over $12M Kwik Trip Sale Profits

    Four ex-executives of PDQ Food Stores Inc. on Tuesday escaped a proposed retirement benefits class action that an ex-employee brought alleging that the company's former leaders used its 2017 sale to Kwik Trip to pay themselves $12 million, but co-defendant GreatBanc must still face allegations that it allowed the purchases.

  • June 28, 2022

    1st Circ. Sends Union's Pension Dispute To Arbitration

    The First Circuit granted on Tuesday a United Steelworkers local's bid to make National Grid and its benefits committee arbitrate a pension dispute, saying the pension plan's governing documents direct cases like this one to arbitration. 

  • June 28, 2022

    Funds Say Trucking Co. Dodged Contributions Via Alter Egos

    A Teamsters local's benefits funds accused a trucking company Tuesday of using alter egos to evade its obligation to provide contributions for pension, welfare and vacation under the parties' collective bargaining agreement, saying the businesses have the same shareholders, location and bookkeeper.

  • June 28, 2022

    11th Circ. Gives Doctor's Spouse Another Shot At ERISA Suit

    The Eleventh Circuit tackled an issue of first impression Tuesday, allowing a Florida doctor's surviving spouse to sue for lost benefits under the Employee Retirement Income Security Act after a health care company allegedly botched his enrollment in a supplemental life insurance plan.

  • June 28, 2022

    Objector Says $8.4M Uber Misclassification Deal Needs Work

    An objector raised concerns about the contents of an $8.4 million settlement that aims to shutter an Uber driver misclassification suit, arguing that the court should revisit the deal's release terms, its claim valuations and payout methods that burden the class.

  • June 28, 2022

    Benefits Cases To Watch In The 2nd Half Of 2022

    In the second half of the year, benefits attorneys will be keeping a close eye not only on legal battles hinging on familiar themes such as class certification and preemption, but also cases dealing with emerging issues such as cybersecurity and cryptocurrency.

  • June 28, 2022

    Cabot Worker Says Merger Should've Triggered Stock Award

    An employee of the former Cabot Oil & Gas Corp. claimed in a lawsuit that the company's 2021 tie-up with Cimarex Energy Co. should have triggered "change-in-control" clauses in a pair of incentive agreements and awarded him 6,100 shares of company stock, according to a complaint filed in Pennsylvania state court.

  • June 27, 2022

    Judge Trims Ford Dealer's Workers' Comp Coverage Suit

    A California federal judge said a Ford dealership can pursue allegations that its insurer breached policy obligations when handling its claim for coverage of a workers' compensation suit that stems from a 2019 deadly workplace shooting, but dismissed other claims surrounding the underlying civil action.

  • June 27, 2022

    High Court Turns Away Teamsters Fund's $58M Pension Suit

    The U.S. Supreme Court declined a Teamsters pension fund's request on Monday to review a ruling that let a wholesale grocer avoid paying $58 million the fund claimed it was owed after a warehouse operator stopped contributing.

  • June 27, 2022

    DC Circ. Orders Reopening Of Decades-Old Hilton ERISA Case

    The D.C. Circuit reopened a decades-old class action brought by ex-Hilton Hotel & Resorts workers who alleged the hotel chain lowballed their pension payments by failing to properly accrue benefits to their accounts, finding the district court erred in refusing to enforce an injunction ordering payment in the case.

  • June 27, 2022

    DOL Seeks To Toss 'Downright Bizarre' ERISA Guidance Suit

    The U.S. Department of Labor urged a Florida federal court to toss an American Securities Association suit claiming agency guidance illegally imposed new obligations under federal benefits law, arguing that the guidelines weren't required to go through formal rulemaking procedures.

  • June 27, 2022

    Firms Look To Cover Out-Of-State Abortion Care After Dobbs

    A growing number of law firms are offering to cover the costs of out-of-state reproductive care for their employees in the wake of last week's U.S. Supreme Court ruling overturning Roe v. Wade.

  • June 27, 2022

    LA Chiropractor Cops To NBA Health Plan Fraud Scheme

    A Los Angeles-based chiropractor has pled guilty to his role in a multimillion-dollar scheme to defraud the NBA's health benefits plan, admitting he created fake invoices for players to be reimbursed for services they never received.

  • June 27, 2022

    Goodwin Hires Partner For Growing ERISA Practice

    Goodwin Procter LLP has hired a partner for its Employment Retirement Income Security Act and executive compensation practice in New York in response to expected growth in those areas.

  • June 27, 2022

    Justices Won't Hear Anthem, Express Scripts Drug Price Fight

    The U.S. Supreme Court refused Monday to take up insurance policyholders' challenge to the dismissal of their suit accusing Anthem Inc. and its pharmacy benefit manager Express Scripts Inc. of violating federal benefits laws by overcharging for prescriptions.

  • June 27, 2022

    Tennessee Titans Settle Ex-Worker's COVID-19 Leave Suit

    The Tennessee Titans and a former field worker have reached a settlement to end his suit alleging the organization violated federal law when it fired him after he contracted COVID-19.

  • June 24, 2022

    Costco Can't Subpoena Itself To Use Chicken Docs In Arb.

    An Illinois federal magistrate judge refused Thursday to let Costco Wholesale Corp. "circumvent" confidentiality protections for documents in a sprawling antitrust lawsuit accusing major chicken producers of price-fixing, documents Costco wanted to use in parallel arbitration against Tyson Foods Inc.

  • June 24, 2022

    What Employers Should Do Now That Roe Has Fallen

    The U.S. Supreme Court's decision to overturn Roe v. Wade presents major challenges for employers and health plans, experts say. Here are five things employers should do right now following the decision in Dobbs v. Jackson Women's Health Organization.

  • June 24, 2022

    Disney, Other Cos. Pledge To Cover Workers' Abortion Travel

    Dozens of prominent companies, including Disney, Meta Platforms Inc. and Deutsche Bank, responded to the U.S. Supreme Court's decision Friday overruling Roe v. Wade by saying they will cover employees' costs to travel to another state if needed to obtain a legal abortion.

  • June 24, 2022

    Patients Slam UnitedHealth's Bid To Keep 9th Circ. Order Alive

    UnitedHealth Group Inc. relied on contradictory arguments in its defense of the Ninth Circuit's decision unraveling court orders requiring the insurer's subsidiary to reprocess thousands of claims for mental health and substance use disorder treatment, plan participants have argued, doubling down on imploring the appeals court to revisit its ruling.

  • June 24, 2022

    UnitedHealth Overpayment Recovery Defies ERISA, Suit Says

    UnitedHealth Group Inc. regularly offsets overpayments to providers from certain health plans by withholding payments to those providers from other health plans, a practice that lines the pockets of the insurer and violates federal benefits law, according to a proposed class action filed Friday in Minnesota federal court

  • June 24, 2022

    Ex-XFL Commissioner, League Founder Drop Termination Suit

    Former XFL Commissioner Oliver Luck and the football league founder and World Wrestling Entertainment Inc. CEO Vince McMahon have mutually agreed to drop a lawsuit over Luck's pay after his firing in 2020.

  • June 24, 2022

    Convicted Union Official Can't Obtain Benefits, Judge Says

    A toymakers union is not required to pay severance to a former officer who pled guilty in a kickback scheme, a New York federal judge ruled, saying the former official's claims are preempted by the Employee Retirement Income Security Act.

Expert Analysis

  • 2nd Circ. Ruling Highlights ERISA Determination Deadlines

    Author Photo

    As seen in the Second Circuit’s recent McQuillin v. Hartford decision, the deadlines for deciding Employee Retirement Income Security Act claims and appeals have teeth, and there are consequences when a plan administrator fails to comply, says Mark DeBofsky at DeBofsky Sherman.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

    Author Photo

    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Employer Abortion Policy Considerations In A Post-Roe World

    Author Photo

    Restricted abortion access in many states after the U.S. Supreme Court’s expected reversal of Roe v. Wade may cause corporate recruitment and retention concerns, but before implementing policies that help employees access reproductive care, employers should consider their workforce’s values, legal risks and potential political backlash, says Meredith Kirshenbaum at Goldberg Kohn.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

    Author Photo

    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

    Author Photo

    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Understanding Georgia's New Worker Classification Law

    Author Photo

    A Georgia law taking effect next month amends the definition of employment for unemployment compensation purposes and may benefit certain technology companies, including ride-sharing and delivery services — as long as their independent contractor arrangements comply with the statute’s requirements, say Meredith Caiafa and Kelli Church at Morris Manning.

  • 8 Steps To Creating A Legal Ops Technology Road Map

    Author Photo

    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • Arbitration Rulings Suggest Courts Need More Info On ERISA

    Author Photo

    A Colorado federal court's recent Federal Arbitration Act decision in Harrison v. Envision is the latest example of a court not considering important extrastatutory materials that are key to interpreting ERISA and casts significant doubt on whether courts have been interpreting ERISA properly in arbitration cases, says Rick Pearl at Faegre Drinker.

  • The Importance Of Data And Data Analysis In Litigation

    Author Photo

    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • 2 New Defenses To Federal Shareholder Derivative Claims

    Author Photo

    Increasingly, plaintiffs are bringing Securities Exchange Act claims in derivative suits because they perceive these claims to have advantages compared to traditional fiduciary duty claims, but there are several reasons why plaintiffs are wrong and the flawed assumptions underlying these claims should be tested in court, say Brian Lutz and Michael Kahn at Gibson Dunn.

  • Avoiding Endless Liability From 'Take Home' COVID Claims

    Author Photo

    The Ninth Circuit’s recent certification in Kuciemba v. Victory Woodworks is the latest in a series of cases exploring whether companies can be sued when a third party contracts COVID-19 from an employee’s workplace exposure — and employers will need to take certain steps to avoid seemingly boundless chains of liability, say Karen Wentzel and Cristen Hintze at Squire Patton.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

    Author Photo

    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • What Litigation Funding Disclosure In Delaware May Look Like

    Author Photo

    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • Inside Oregon's New Paid Family And Medical Leave Program

    Author Photo

    Rachel Timmins and Flo Mao at Ogletree discuss the ins and outs of Oregon's new paid family and medical leave insurance program set to take effect early next year, and explain why and how employers should model their policies after existing laws such as the Family and Medical Leave Act.

  • A Guide To CalSavers Compliance As Deadline Approaches

    Author Photo

    As California's new CalSavers retirement program continues to be phased in — with the latest deadline approaching at the end of the month — prudent employers will want to use best practices as they enroll to avoid any sort of violation, say Jordon Ferguson and Wesley Gonzales at Locke Lord.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!