Benefits

  • January 17, 2020

    TIAA, Chamber Want Justices' Input On ERISA Pleading Bar

    The U.S. Chamber of Commerce on Friday joined TIAA in urging the U.S. Supreme Court to review the revival of a proposed ERISA class action against the University of Pennsylvania, arguing that a divided Third Circuit panel wrongly lightened the pleading standard in the suit.

  • January 17, 2020

    Calif. Sub Teachers May Get Summer Unemployment Pay

    The California Supreme Court has opened the door for substitute teachers to possibly get unemployment benefits during the summer if they aren't called in, finding they would be eligible for such benefits if a summer school session mirrors the normal school year in certain aspects.

  • January 17, 2020

    Chancery Energizes Investor Bids To Probe Corporations

    A ruling by Delaware Vice Chancellor J. Travis Laster has recharged stockholder rights of access to company books and records, beating down AmerisourceBergen Corp.'s efforts to stop an investor probe of opioid-control oversight failures and potentially shoring up cases the plaintiffs bar considered to be at risk.

  • January 17, 2020

    DC Circ. Says Arch Coal Can't Duck Benefit Payments

    The D.C. Circuit said Friday that federal mining law requires Arch Coal Inc. to post the security for a benefits plan for retired coal miners and that security posted by the company's former subsidiaries isn't sufficient, affirming a district court ruling.

  • January 17, 2020

    Justices Will Hear ACA Contraception Clash

    The U.S. Supreme Court on Friday agreed to examine the lawfulness of religious and moral exemptions from the Affordable Care Act’s requirement for employer health plans to cover birth control.

  • January 17, 2020

    University Worker Seeks Class Status In TIAA Benefits Beef

    A Washington University employee has asked a New York federal judge for class certification in her suit claiming the Teachers Insurance and Annuity Association of America flouted federal benefits law by not paying back the full interest on loans she took out against her retirement account.

  • January 17, 2020

    Honeywell Covers Retirees' Health Care To End Benefits Suit

    Honeywell Inc. has agreed to pick up the tab for lifetime health care and pay six-figure damages to retirees who worked at a Connecticut plant, following an August Second Circuit ruling that barred the company from shutting off those workers' benefits. 

  • January 16, 2020

    BCBS Illegally Delayed Cancer Treatment Coverage, Suit Says

    A proposed class of Blue Cross Blue Shield policyholders in Florida accused the insurer Thursday of illegally delaying coverage for a cancer radiation treatment by deeming it "experimental," despite the fact the treatment has been used "for various forms of cancer for decades."

  • January 16, 2020

    Jackson Lewis Adds Proskauer ERISA Pro In New Orleans

    Jackson Lewis has bolstered its New Orleans office with the addition of a former Proskauer Rose attorney who has experience handling complex ERISA class actions, including a closely watched legal battle over Charles Schwab’s ability to force a former worker’s case into arbitration.

  • January 16, 2020

    Fed. Circ. Rejects Death Benefits Bid By Cop's Fiancee

    The fiancee of a deceased San Diego sheriff’s deputy lost her bid to collect death benefits when the Federal Circuit on Thursday found there was evidence showing the officer’s mother and ex-girlfriend were the ones listed on his life insurance policy.

  • January 16, 2020

    Boston Scientific Plan Beats Ex-Worker's Severance Pay Suit

    A Minnesota federal judge has ruled that a Boston Scientific Corp. benefit plan didn't run afoul of ERISA when it determined a sales representative couldn't get severance after the company terminated him for allegedly damaging medical device products.

  • January 16, 2020

    Aramark Strikes $21M Deal To End Managers' Bonus Suit

    Aramark Corp. and a group of several thousand workers have asked a Pennsylvania federal judge to sign off on a $21 million settlement that would resolve a suit claiming the company reneged on its promise to pay bonuses to managers in 2018.

  • January 16, 2020

    Lipedema Patient Says Cigna's Liposuction Denials Unlawful

    The woman behind a proposed class action that accuses Cigna of wrongly refusing to cover a specialized liposuction procedure asked a California federal judge not to toss her ERISA suit, saying liposuction was the only effective treatment for a condition called lipedema.

  • January 15, 2020

    5th Circ.'s ACA Punt Gets Lambasted At Supreme Court

    The Fifth Circuit on Wednesday came under withering fire from health care trade groups and bipartisan economic scholars at the U.S. Supreme Court for ducking a decision on the Affordable Care Act's constitutionality.

  • January 15, 2020

    Reed Smith Internal Task Force Will Address Mental Health

    Reed Smith LLP on Wednesday announced a new mental health task force that will, among other things, examine the firm's current offerings for addressing mental health and substance use and try to tackle the stigma around them.

  • January 15, 2020

    Tenn. Businessman Exits Pension Theft Suit In Pa.

    A Pennsylvania federal judge on Wednesday allowed a Tennessee businessman to exit a lawsuit claiming one of his business partners illegally drained millions of dollars from a central Pennsylvania fire brick manufacturer’s pension plan.

  • January 15, 2020

    Best Buy Hit With Suit Over 'Confusing' COBRA Notices

    Best Buy is the latest company to be accused of failing to properly notify former workers of their ability to keep their health care coverage under COBRA, after an ex-employee filed a proposed class action against the retailer in Florida federal court Wednesday.

  • January 15, 2020

    Cornell Calls Ex-Workers' Bid To Revive ERISA Claim 'Fanciful'

    Cornell University has asked a New York federal judge not to give its workers a second chance to pursue a challenge to the record-keeping fees paid by their retirement plans, saying the workers didn't have the "silver bullet" they needed to get that claim back on track.

  • January 15, 2020

    Trans Cop Says Bid To Ax Her Benefits Denial Suit 'Premature'

    A Houston County, Georgia, deputy sheriff is arguing her suit claiming she was wrongly denied coverage for gender reassignment services should stay in court, claiming the county jumped the gun by seeking to have her case tossed.  

  • January 14, 2020

    Ex-Raydon Worker Pushes For Sanctions In ERISA Suit

    A former Raydon employee urged a Florida federal judge Tuesday to throw out testimony from two accountants in a proposed class action over a $60.5 million employee stock ownership plan transaction, saying the company failed to disclose the witnesses before using them to bolster its opposition to class certification.

  • January 14, 2020

    NJ Lawmakers Approve Blacklisting Cos. Violating Tax Law

    New Jersey employers that violate state wage, benefit and tax laws would be blacklisted from obtaining government contracts under a package of bills the state Legislature recently approved to crack down on worker misclassification.

  • January 14, 2020

    Reliance Trust Inks Deal To End $85M Stock-Buy ERISA Row

    Reliance Trust Co. has reached a settlement with a proposed class of RVNB Holdings Inc. workers who had accused the company of allowing them to grossly overpay for their employer’s stock, the parties told a federal judge in Texas on Monday.

  • January 14, 2020

    PBGC's First Merger Action Saves Pinched NY Union Fund

    The Pension Benefit Guaranty Corp. said Tuesday that it used its authority to facilitate a plan merger under the Multiemployer Pension Reform Act of 2014 for the very first time, blessing a tie-up between two New York union locals' pension funds. 

  • January 14, 2020

    Boeing Says Southwest Pilots Union Max Suit Is Preempted

    Boeing said Monday that a Texas suit alleging the company's misrepresentations about the safety of its 737 Max jets cost Southwest Airlines' pilots tens of millions of dollars in lost wages involves a collective bargaining agreement and preemption issues that must be ironed out in federal court.

  • January 14, 2020

    GWU Tells DC Circ. Ex-Worker's ERISA Appeal Is 'Senseless'

    George Washington University has told the D.C. Circuit that a lower court correctly found that a former worker’s 2016 separation agreement with the school barred her from bringing an ERISA suit, saying her arguments to the contrary were “senseless” and “plainly wrong.”

Expert Analysis

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • Justices Seem Keen To Solve ERISA Case's Article III Question

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    Oral arguments in Thole v. U.S. Bank suggested the U.S. Supreme Court is willing to explore whether Employee Retirement Income Security Act plaintiffs have constitutional standing to sue over an adequately funded plan — even though the lower courts sidestepped the issue, say attorneys at King & Spalding.

  • Top 10 Employment Law Developments Of The Decade: Part 1

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    In the first of two articles, Barbara Roth and Tyler Hendry at Herbert Smith highlight the decade's most significant labor and employment law changes, including the U.S. Supreme Court’s 2011 decision in Dukes to raise the class certification threshold, and the spread of state and local paid sick leave laws.

  • 8 Executive Pay Considerations For An Economic Downturn

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    Amid forecasts of economic volatility, employers should address executive compensation and performance awards progressively and with quick adjustments when disruption hits, say Mark Poerio and Dan Brandenburg at The Wagner Law Group.

  • 2nd Circ. Pension Liability Ruling Is A Big Win For Employers

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    In National Retirement Fund v. Metz Culinary Management, the Second Circuit recently held that the pension’s lower interest rate violated the Employee Retirement Income Security Act's withdrawal liability standards, which will benefit employers in an area of law that tends to favor funds, say Robert Perry and Todd Girshon of Jackson Lewis.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • What Employers Still Don't Get About Benefits For Veterans

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    Although the Uniformed Services Employment and Reemployment Rights Act recently turned 25, employers remain relatively unfamiliar with its requirements, potentially exposing them to litigation and reputational harm, say Jason Ranjo at Morgan Lewis and Kurt Perhach at Novartis.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • 7 Ethics Tips For Lawyers' Pretrial Social Media Use

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    As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Uber Policy Calls For Refresher On ABA Confidentiality Rules

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    Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

  • 4 Simple Rules For Witness Note Taking

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    Witness notes that form the center of a plaintiff’s case have largely been replaced by digital systems, but they remain on defense counsel’s radar, and with proper safeguards can be a witness's best friend, says Matthew Keenan at Shook Hardy.

  • Why Gov't Worker Paid Parental Leave Law Is A Big Deal

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    The recently enacted Federal Employee Paid Leave Act could pressure private companies to match the law's 12 weeks of parental leave, and may make the idea more palatable to future legislators, says Tom Spiggle of The Spiggle Law Firm.