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Benefits
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September 29, 2025
Refrigeration Co. Shuts Down Employee Stock Valuation Suit
A North Carolina industrial refrigeration company defeated a lawsuit claiming family operators undervalued the company to the detriment of employee stock ownership plan participants, with a federal judge ruling Monday that a former executive filed suit too long after he discovered the alleged mismanagement.
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September 29, 2025
Benefits Co. Can't Escape Worker's Tobacco Surcharge Suit
A Tennessee federal court refused to toss an employee benefits company worker's proposed class action alleging a surcharge on the health plans of employees who used tobacco violated federal benefits law, but agreed to pare some allegations from the suit for failure to state a claim and lack of standing.
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September 29, 2025
3rd Circ. Denies Pilots' Bid To Revive Military Leave Class
The Third Circuit will not review a Pennsylvania federal judge's order decertifying a class of American Airlines pilots who claim they were denied pay and profit-sharing benefits during their time off on military leave, the court announced Monday.
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September 29, 2025
Ex-Worker Wants Class Cert. In $97.6M Forklift Co. Stock Suit
A former forklift company worker claiming that mismanagement of her employee investment plan caused her and her colleagues to overpay for $97 million worth of company shares has asked a Pennsylvania federal judge to certify her lawsuit as a class action.
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September 29, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor expressed disappointment and concern over what she says is a "breakdown" in "civility and respect" that has emerged in recent Delaware corporate litigation. A $30 million settlement was approved in the five-year running Match.com reverse spinoff suit, and the top brass of Estée Lauder were hit with a derivative suit for allegedly covering up the company's reliance on prohibited, duty-free "gray market" sales of its products in China.
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September 26, 2025
9th Circ. Nixes Murder Restitution Over Spousal Interest
The federal government cannot seize as restitution a retirement account belonging to a man sentenced to life in prison for murdering two of his U.S. Coast Guard colleagues at an Alaska maintenance facility in 2012 because his wife has an interest in the account, a Ninth Circuit panel ruled Friday.
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September 26, 2025
Inotiv Inks $8.75M Investor Deal Over Animal Welfare Claims
Medical research services provider Inotiv Inc. and its shareholders asked an Indiana federal court to approve an $8.75 million settlement to resolve investors' claims the company concealed that its subsidiaries were under investigation by the U.S. Department of Justice for animal welfare and smuggling violations.
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September 26, 2025
Bayer Investors Seek Final OK Of $38M Settlement, Atty Fees
Bayer AG shareholders have asked a California federal judge to give final approval of its $38 million settlement with the German multinational to end claims it downplayed litigation risks related to the weedkiller Roundup, saying the deal, which seeks over $10 million in attorney fees, is fair.
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September 26, 2025
Mortgage Insurer Wants To Settle 401(k) Mismanagement Suit
A mortgage insurance company has agreed to settle a proposed Employee Retirement Income Security Act class action filed by a former employee who accused the insurer in North Carolina federal court of mismanaging a 401(k) plan.
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September 26, 2025
United Bank To Pay $2M Settling ESOP Class Action
United Bank Corp. has agreed to pay $2 million to settle claims it booted former employees out of its employee stock ownership plan and cut them out of the proceeds of a $23.3 million dividend, according to a filing in Georgia federal court.
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September 26, 2025
Illumina And Grail Nix Investor Suit Over Failed Deal, For Now
Illumina and Grail on Friday defeated a proposed class action alleging they lied to investors who bought artificially inflated Illumina stock whose prices plunged following several purported disclosures, after a California federal judge said the investors hadn't adequately pled which disclosures corrected any alleged misstatements that caused their losses.
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September 26, 2025
Capital One Resolves Ex-Workers' 401(k) Forfeiture Suit
Capital One has agreed to end a proposed class action alleging it unlawfully used tens of millions of dollars in forfeited 401(k) funds to reduce its own contributions to the plan rather than curtail administrative costs, the company told a New York federal court.
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September 26, 2025
Insurers' $9M Deal With Pump Co.'s Trustee Gets Judge's OK
Chubb's Century Indemnity Co. and ACE American unit Pacific Employers Insurance Co. have received a Connecticut federal judge's approval to pay $9 million to a pump manufacturer's Chapter 7 estate, allowing the insurers to settle claims that The Nash Engineering Co. fraudulently transferred policies meant to cover asbestos claims.
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September 26, 2025
Wells Fargo Nears Deal With Investors In 'Sham' Hiring Suit
Wells Fargo and investors who said they lost money after allegations surfaced that the bank conducted fake interviews to show it met diversity goals have told a California federal court they've reached a settlement in principle, less than two weeks after the company announced a deal in a derivative lawsuit over similar claims.
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September 26, 2025
Southwest Airlines Inks $18.5M Deal In Military Leave Suit
Southwest Airlines Co. will fork over $18.5 million to end a proposed class action from workers who alleged the company's handling of short-term military leave violated a federal military nondiscrimination law, according to filings in California federal court.
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September 25, 2025
NJ Justice Hints 'Essential' A Key Term In Benefits Case
New Jersey Supreme Court Justice Rachel Wainer Apter asked Thursday if a worker can be considered an "essential employee" under an executive order but not under a COVID-19 law governing workers' compensation, as the court considered a school district's bid to deny the designation to a deceased teacher.
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September 25, 2025
GE Avoids Retirees' Lawsuit Over Pension Annuity Deal
General Electric dodged a proposed class action claiming it put retirees' benefits at risk by transferring over $1.7 billion of pension obligations to a private equity-controlled insurance company, with a New York federal judge ruling the retirees hadn't shown how they'd been harmed.
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September 25, 2025
Disney Shareholders Demand Docs Over Kimmel Suspension
A group of Disney shareholders is demanding to inspect various company books and records related to the decision to suspend "Jimmy Kimmel Live!," saying the company may have put "improper political or affiliate considerations" over stockholder interests.
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September 25, 2025
EEOC Seeks Partial Win In Suit Over Remote Work Refusal
The U.S. Equal Employment Opportunity Commission asked a Georgia federal judge on Wednesday to grant it partial summary judgment in its disability discrimination lawsuit against a utility services provider that the commission said fired a worker after refusing to accommodate disabilities arising from a stroke.
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September 25, 2025
Labcorp Workers Balk At Paying For Expert's Biz Class Airfare
Labcorp shouldn't be reimbursed for its expert witness's round-trip business class flight and other ancillary costs it wants a group of employees to pay after fending off claims that it mismanaged their retirement savings, the workers have told a North Carolina federal judge.
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September 25, 2025
Aetna Can't Rein In LGBTQ+ Bias Suit Over Fertility Coverage
Aetna can't narrow a proposed class action alleging it unlawfully required nonheterosexual patients to spend thousands of dollars before covering fertility treatments, as a Connecticut federal judge said the insurer failed to fully acknowledge its role in creating the health plan in question.
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September 25, 2025
Conn. Cities' Insulin Pricing Suits Against PBMs Join NJ MDL
Two Connecticut cities' civil racketeering and state trade practices law claims against insulin manufacturers Eli Lilly and Co., Novo Nordisk Inc. and Sanofi-Aventis US LLC, and pharmacy benefit managers CVS Caremark, Express Scripts and Optum Rx, have been rolled into a New Jersey multidistrict litigation proceeding.
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September 24, 2025
UnitedHealth Fights Investor Suit Over DOJ's Merger Probe
UnitedHealth and its executives have asked a Minnesota federal judge to toss a proposed securities class action accusing it of, among many things, not disclosing that the U.S. Department of Justice had reopened an antitrust investigation into the health insurer, saying the complaint consists of unsupported "scattershot allegations."
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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.
Expert Analysis
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Retirement Plan Suits Show Value Of Cybersecurity Policies
Several data breach class actions that were recently filed against retirement plan administrator The Pension Specialists in Illinois federal court are a reminder that developing and following a good written cybersecurity policy provides a blueprint for compliance and may prevent lawsuits, says Carol Buckmann at Cohen & Buckmann.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
It's Time To Fix The SEC's Pay-To-Play Rule
Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.