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Benefits
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March 24, 2026
FTC To Mull Caremark Deal In PBM Insulin Pricing Case
Federal Trade Commission staffers have asked to let the agency's commissioners consider a potential settlement with Caremark in a case accusing pharmacy benefit managers of inflating insulin prices through rebate schemes, following a recent deal with Express Scripts.
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March 24, 2026
Ex-NRA Head Faces Sanctions Bid For Throwing Water At Atty
The National Rifle Association asked a Florida federal judge to dismiss a suit from a former association president as a sanction because the former leader cursed at and threw water from her glass at the association's counsel when she was deposed this month.
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March 24, 2026
Justices Won't Review Class Cert. In Diabetes Drug Risk Case
The U.S. Supreme Court has declined to review whether a federal court can certify a class of third-party payors who claim drugmakers hid the cancer risks of an anti-diabetes drug.
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March 23, 2026
J&J Amici Seek Clarity On Goldman Precedent For Class Cert.
Four groups of amici have urged the U.S. Supreme Court to take up Johnson & Johnson's challenge to a Third Circuit decision allowing a securities class action over its talc products to proceed, warning the ruling could reshape how shareholder suits are litigated nationwide.
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March 23, 2026
Chemical Co. Beats Suit Over Pension Plan's Mortality Data
Chemical manufacturer Olin Corp. has defeated a proposed class action alleging it shortchanged retirees' pension payments by relying on decades-old mortality data, with a Missouri federal judge saying federal benefits law doesn't dictate the information employers should use to calculate their plans' actuarial estimates.
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March 23, 2026
Trucking Co. Denied H-2A Workers Overtime, Suit Says
A Texas trucking company denied H-2A workers overtime pay and misrepresented the nature of their work to qualify for the federal visa program, according to a proposed collective action filed Monday in federal court.
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March 23, 2026
Progressive Escapes Workers' Tobacco, Vaccine Fee Suit
Allegations that Progressive Corp. wrongly charged higher health premiums from workers who used tobacco or refused the COVID-19 vaccination failed to state a claim for violating federal benefits law, an Ohio federal judge ruled as he tossed a proposed class action against the insurance giant.
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March 23, 2026
3rd Circ. Sides With Nuclear Plant Co. In Union Benefits Fight
The Third Circuit on Monday sided with a nuclear power company in a dispute with an electrical workers union over contributions to employee healthcare premiums, holding that the union couldn't force issues out of court because their disagreement was outside the scope of the collective bargaining agreement's arbitration provision.
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March 23, 2026
Chicago Can't Ditch Airline Group's Sick Leave Law Challenge
An organization representing the largest U.S. airlines supported its claims that Chicago's new paid sick leave law could affect air carriers' business, an Illinois federal judge said, keeping alive the group's challenge to the law.
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March 23, 2026
Health Insurers Can't Force Conn. ERISA Row Into Arbitration
Elevance Inc. can't compel arbitration of a union health plan's allegations the insurer caused it to pay excessive administrative fees and medical costs, a Connecticut federal judge ruled, finding the insurer and its subsidiaries waived that right by seeking to dismiss the proposed class action.
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March 23, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court's docket this past week featured high-stakes disputes involving major consumer brands, a reinstated video game executive, revived noncompete and compensation claims and fresh allegations of corporate misconduct in the healthcare sector.
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March 23, 2026
BJ's Says Pension Fund Oversteps With Climate Study Ask
BJ's Wholesale Club told a Massachusetts federal judge that it cannot be forced to poll shareholders on whether the retailer should study the effects of deforestation on its supply chains, calling it an improper attempt at "micromanagement."
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March 20, 2026
Feds Rip Ex-NFL Player's New Trial Bid Over Medicare Scheme
The federal government opposed a new trial bid by Keith Gray, a former NFL player and Texas laboratory owner convicted in a $328 million scheme involving billing for unnecessary cardiovascular genetic testing for Medicare beneficiaries, arguing Thursday he lacks any valid basis to "disturb the jury's sound verdict."
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March 20, 2026
Union Fund Gets Early Win In ERISA Audit Fight
A hydro-excavation company must submit to an audit by a union pension fund, an Indiana federal judge ruled Friday, agreeing with the fund that the company is contractually obligated to do so.
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March 20, 2026
Vein Restoration Co. Will Pay $4M To End False Claims Suit
The operators of a multistate network of vascular medicine clinics have reached a $4 million settlement to resolve claims that they billed Medicaid, Medicare and Tricare for medically unnecessary vein treatment procedures over the course of seven years.
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March 20, 2026
Mich. BCBS Unit Gets Health Plans' Claims Fight Transferred
A federal judge granted Blue Cross Blue Shield of Michigan's request to transfer a proposed class action alleging the insurance company violated federal benefits law by mismanaging claims in self-funded employee healthcare plans it administered, given that a similar, earlier-filed action was proceeding in an adjacent district.
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March 20, 2026
Eye On ERISA: A Chat With King & Spalding's Darren Shuler
Increased scrutiny of health plans and the high costs of care are fueling a litigation uptick that's coming not just from plan participants but also from employers frustrated with their third-party administrators, said Darren Shuler, a partner at King & Spalding LLP. Here, Shuler speaks with Law360 about litigation trends involving the Employee Retirement Income Security Act.
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March 19, 2026
SEC Sued Over Proxy Exclusion Policy Change
The U.S. Securities and Exchange Commission violated the Administrative Procedure Act by implementing "a new, de facto rubber-stamp process" for companies to exclude shareholder proposals from their annual proxy ballots, according to a Thursday suit filed by major shareholder groups.
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March 19, 2026
Judge Quashes Subpoena Of 5 Firms That Repped Twitter
A Delaware federal court ruled Thursday that six former Twitter employees cannot subpoena five law firms that represented the social media company in connection with its acquisition by Elon Musk, rejecting the employees' "conclusory allegations" that the company and Musk used the firms to make false promises of severance benefits.
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March 19, 2026
11th Circ. Partially Reopens Aetna Twin Birth Coverage Fight
The Eleventh Circuit on Thursday undid Aetna's escape from a worker's coverage dispute over an extended hospital stay for her newborn twins, agreeing with the lower court that allegations failed to state a claim for violating federal benefits law but holding that an amended complaint should have been allowed.
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March 19, 2026
NC Justices Shouldn't Ax Severance Fight, Ex-CEO Says
North Carolina's long-arm statute means its business court had jurisdiction to decide a lawsuit filed by the former CEO of a cybersecurity and IT firm over its alleged failure to buy out his equity interest as part of a severance agreement, he has argued to the state's high court in opposition to the company's appeal of a ruling keeping the case in the Tar Heel State.
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March 19, 2026
Fla. Court Won't Pause Restoration Of Medicaid Benefits
A Florida federal court has declined to pause an injunction ordering the state to restore family Medicaid to more than a million low-income enrollees, but extended deadlines to reinstate benefits and to send adequate termination notices.
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March 19, 2026
Del. High Court Revives Banker's Pay Claims Against Firm
The Delaware Supreme Court has revived key claims brought by a former investment firm banker, ruling that a lower court went too far in blocking his case based on earlier findings that he was not a partner at the firm.
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March 19, 2026
CVS, Caremark Pocket Money Meant For Rebates, Suit Claims
CVS charges drug manufacturers "exorbitant" fees in exchange for pushing their products, then pockets the money instead of funneling it toward customer rebates as it promises, a federal lawsuit alleges, accusing the company of collecting billions of dollars at customers' expense and violating the anti-racketeering statute.
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March 19, 2026
Ex-Workers Ask 11th Circ. To Overturn ERISA Exhaustion Rule
Former workers for a seafood company urged the full Eleventh Circuit to overturn precedent that led a three-judge panel to uphold dismissal of their suit alleging mismanagement of an employee stock ownership plan, arguing the court's strictest-in-the-nation standard on exhausting administrative remedies didn't align with federal benefits law.
Expert Analysis
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Series
Mindfulness Meditation Makes Me A Better Lawyer
Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.
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AI Litigation Tools Can Enhance Case Assessment, Strategy
Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.
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Attys Beware: Generative AI Can Also Hallucinate Metadata
In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.
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Steps For Healthcare Providers After Cigna ERISA Settlement
Following the Cigna class action's settlement, where Employee Retirement Income Security Act violations arose from Cigna's online provider directory advertising providers as in-network who were actually out-of-network, providers should routinely audit their contract status and directory listings, and proactively coordinate with plans and payor partners, say attorneys at ArentFox Schiff.
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When Atty Ethics Violations Give Rise To Causes Of Action
Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.
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Series
The Biz Court Digest: Texas, One Year In
A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.
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What's At Stake In High Court Pension Liability Case
The U.S. Supreme Court’s upcoming decision in M&K Employee Solutions v. Trustees of the IAM National Pension Fund will determine how an employer’s liability for withdrawing from a multiemployer retirement plan is calculated — a narrow but key issue for employer financial planning and collective bargaining, say attorneys at Thompson Hine.
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Series
Law School's Missed Lessons: Educating Your Community
Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.
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5 Crisis Lawyering Skills For An Age Of Uncertainty
As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.
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Opinion
It's Time For The Judiciary To Fix Its Cybersecurity Problem
After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.
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Series
Writing Novels Makes Me A Better Lawyer
Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at BakerHostetler.
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SDNY OpenAI Order Clarifies Preservation Standards For AI
The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.
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Opinion
High Court, Not A Single Justice, Should Decide On Recusal
As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Series
Traveling Solo Makes Me A Better Lawyer
Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.