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Benefits
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September 24, 2025
CVS Moves To End Worker's Tobacco Surcharge ERISA Suit
CVS urged a California federal judge to toss an employee's proposed class action alleging it illegally imposes surcharges to health plan participants and their covered spouses who use tobacco, arguing it offers surcharge alternatives to workers and spouses when a medical condition makes it unreasonably difficult to cease tobacco use.
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September 24, 2025
Court Sides With Texas, Nixes Medicaid Tax Funding Rule
The federal government improperly expanded a Medicaid funding restriction to private parties that was meant only to govern the use of state taxes to fund the health insurance program, a Texas federal court ruled Wednesday in vacating guidance from the Centers for Medicare & Medicaid Services.
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September 24, 2025
Vehicle-Maker Says Ex-Worker Can't Bring Smoker-Fee Suit
International Motors LLC, formerly Navistar, is looking to end a proposed class action by a former employee who claims its $50-a-month health insurance fee for workers who use tobacco violates federal law, telling an Illinois federal court that the harm he suffered was caused by his own refusal to quit smoking or try the company's smoke-free program.
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September 24, 2025
Media Co. To Pay $406K Over Ex-Exec's Severance Dispute
A New Jersey federal judge has ordered the publisher of US Weekly, the National Enquirer and other magazines to pay nearly $406,000 to a former executive who claimed he was denied severance benefits after being terminated without cause.
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September 24, 2025
Omnicare Can Tap $25M Initial DIP, Stage Set For Gov't Feud
Omnicare LLC, a CVS Health subsidiary that provides pharmacy services for long-term care facilities, won a Texas bankruptcy court approval on Wednesday to use $25 million of interim debtor-in-possession financing amid a looming dispute over a $949 million judgment owed to the U.S. government over allegedly illegal billing.
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September 24, 2025
Execs Breached Danish Deal In $2B Tax Case, Court Says
Three men claiming to be pension plan executives who struck a civil settlement with the Danish taxing authority over their role in a $2 billion tax fraud scheme breached their settlement agreement, a New York federal court found, saying the men had not paid back the amount they promised.
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September 24, 2025
Trans Youth Care Ban Discriminatory, Mo. High Court Hears
The Missouri Supreme Court heard arguments Wednesday on a law that bans gender-affirming care for minors and restricts Medicaid coverage for transgender care at any age, but the justices gave little indication of how they might rule.
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September 24, 2025
4th Circ. Kicks Trans Care Exclusion Suits Back To Trial Court
A pair of suits challenging health plan coverage exclusions on gender-affirming care for minors are headed to district court after the Fourth Circuit vacated decisions finding those policies discriminatory, in line with a U.S. Supreme Court directive to revisit the cases in light of new precedent.
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September 24, 2025
Helicopter Cos. Say Aetna 'Grasping At Straws' In $20M Fight
Three Aetna entities have "trumped up" their counterclaims against six air ambulance operators that are suing insurers for $20 million in Connecticut federal court, according to a dismissal motion that says the allegations of dirty dealing are preempted.
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September 24, 2025
Data Storage Provider Reaches Deal To End 401(k) Suit
An information storage and management provider and 401(k) plan participants who claimed the company mismanaged their retirement savings have agreed to end their court battle, according to a filing in Massachusetts federal court.
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September 24, 2025
Amtrak Beats Retired Worker's Suit Over Benefits Reversal
A Rhode Island federal judge dismissed an ex-Amtrak employee's suit claiming the company illegally rolled back medical care reimbursement benefits that the rail service said it mistakenly granted him in retirement, finding he wasn't entitled to the extra credits under the plan's terms.
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September 23, 2025
Jersey City, Mayor Pare Back Fired Aide's Retaliation Suit
A New Jersey federal judge knocked two whistleblower claims off a lawsuit brought against Jersey City and its mayor, Stephen Fulop, by one of his former aides who alleged he was dismissed for questioning the city's investment in cryptocurrency and for supporting his conservative sister's political campaign.
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September 23, 2025
Ex-Discover Financial Exec Can Pursue Equity Clawback Suit
An Illinois federal judge has rejected a bid to toss a retired Discover Financial Services executive's age and gender discrimination lawsuit, finding she has sufficiently alleged at this point that she faced disparate treatment tied to her sex and that Discover's arguments against her age discrimination claim don't hold weight.
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September 23, 2025
Fla. Panel Upholds Verdict For Insurer In Bad Faith Dispute
A Florida state appeals court affirmed the verdict in favor of an insurance company in a widow's lawsuit alleging its conduct following her husband's death led to a $13.5 million excess judgment, saying a jury was given proper instructions.
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September 23, 2025
Stem Cell Co. Beats Investor Suit Over Failed Janssen Collab
Biopharmaceutical company Fate Therapeutics Inc. has shed a proposed investor class action alleging it concealed manufacturing challenges, precipitating the blowup of a potentially lucrative partnership, after a San Diego federal judge found its investors failed to show how their losses were caused by the company's alleged misstatements.
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September 23, 2025
Cybersecurity Co.'s Projections Were Inflated, Investor Says
Cybersecurity company Fortinet was hit with a proposed securities class action accusing it of overstating an expected revenue boost related to customer software upgrades, saying its executives knew the projections were unrealistic.
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September 23, 2025
Former NJ Workers' Comp Judge's Firing Suit Trimmed
New Jersey has been granted partial summary judgment in its defense of a suit from a former workers' compensation judge who alleges that she was unconstitutionally removed from her job, with a state judge tossing her due process claims but letting certain discrimination claims proceed.
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September 23, 2025
DOL Greenlights Guaranteed Income Investments In 401(k)s
The U.S. Department of Labor's employee benefits arm issued guidance Tuesday making clear that employers can offer lifetime income insurance products as a default investment in 401(k) plans, responding to an executive order by President Donald Trump calling for expanded access to nontraditional retirement plan assets.
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September 23, 2025
Pa. Health Network To Pay $1.15M In 401(k) Forfeiture Suit
A Pennsylvania health system agreed to pay workers $1.15 million to resolve a federal suit alleging it unlawfully used forfeited retirement plan funds to satisfy its contribution obligations and allowed workers to be overcharged for plan administrative fees.
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September 22, 2025
National Instruments Investors Granted Class Cert.
A New York federal judge has certified a class of investors who sold National Instruments Corp. stock during two windows in 2022 while the company was repurchasing shares and considering an acquisition offer, finding that reliance can be presumed and damages can be measured on a class-wide basis, among other things.
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September 22, 2025
J&J Ruling Misapplied Goldman Precedent, 3rd Circ. Told
The U.S. Chamber of Commerce and other business organizations are supporting Johnson & Johnson's call for the full Third Circuit to reconsider a ruling that the groups argue could "saddle" companies with investor class-action suits through the misapplication of a recent U.S. Supreme Court ruling.
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September 22, 2025
Fla. Judge Rejects DOL's $440K ERISA Deal With CSX
A Florida federal judge rejected a proposed a $440,000 settlement between CSX Transportation Inc. and the U.S. Department of Labor to end a lawsuit alleging the railroad operator unlawfully deducted fees from employee retirement funds, saying the deal contains an "obey the law" provision that conflicts with Eleventh Circuit precedent.
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September 22, 2025
Catching Up With Delaware's Chancery Court
Last week, Match.com secured approval for a $30M settlement over its 2019 reverse spinoff from IAC, and Vice Chancellor Morgan T. Zurn urged decorum among Delaware lawyers, comparing recent legal turmoil to dark times in British monarchy history. Here's the latest from the Chancery Court.
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September 22, 2025
Cruz Urges Trump To Back Pilot Retirement Age Increase
Sen. Ted Cruz, R-Texas, urged the White House to support a proposal that would raise an international aviation agency's standard for pilot retirement age from 65 to 67, saying the arbitrary age limit makes flying more dangerous and expensive.
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September 22, 2025
Alorica 401(k) Participants Win ERISA Class Cert.
A California federal judge agreed Monday to certify a class of participants in business process company Alorica's 401(k) plan who alleged that high fees and poorly performing investments violated federal benefits law, holding that the proposed 4,000-member group had enough in common to warrant the court's signoff.
Expert Analysis
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Cos. Should Review Pay Strategies In Light Of 2025 Tariffs
Companies should think about what they can or should do to ensure the ongoing effectiveness of their compensation plans in light of rising material costs, reduced profit margins, market volatility and other impacts of the Trump administration’s evolving tariff regime, say attorneys at Cooley.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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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.