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Benefits
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April 29, 2025
High Court Backs HHS In Hospital Pay Formula Dispute
The U.S. Supreme Court on Tuesday sided with federal health officials in a challenge over a formula used to calculate billions of dollars in annual payments to hospitals treating indigent patients, saying that those entitled to Supplemental Security Income should be collecting cash payments before they're counted in the formula.
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April 28, 2025
3rd Circ. Won't Rethink Teamsters Fund's Win In $39M Row
The Third Circuit won't give a group of dairy businesses a second chance to prevent a Teamsters union pension fund from suing them and their affiliates to enforce a $39 million settlement, the court announced Monday.
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April 28, 2025
Wells Fargo Investors Win Class Cert. In 'Sham' Hiring Case
A California federal judge has certified a class of thousands of Wells Fargo & Co. investors in litigation over the bank's alleged practice of conducting "sham" job interviews to meet diversity targets, a strategy investors say led to stock prices dropping when the truth came to light, according to an order issued Friday.
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April 28, 2025
Justices Open To New Combat Compensation Filing Window
A group of U.S. Supreme Court justices seemed open to letting late-filing veterans get retroactive combat-related special compensation, with some justices saying that the statute might be explicit enough to not fall under the Barring Act's statute of limitations.
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April 28, 2025
Boeing Rips Investors' Class Cert. Bid In 737 Max Fraud Suit
Boeing has told an Illinois federal judge that pension funds and private investors cannot certify a sweeping class action seeking a "jaw-dropping" $15 billion in damages by alleging Boeing repeatedly misrepresented the overall safety and certification process for the 737 Max 8 jets after two deadly crashes in 2018 and 2019.
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April 28, 2025
5th Circ. Grants DOL 30-Day Stay In States' ESG Rule Appeal
The Fifth Circuit on Monday granted the U.S. Department of Labor's request to stay an appeal from Republican-led states in a suit challenging the agency's rule that allows retirement fiduciaries to consider issues like climate change and social justice when choosing investments, but limited the pause to 30 days.
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April 28, 2025
Red States Want ACA Trans Health Rule Permanently Off Books
A group of 15 red states that successfully got a Biden-era rule frozen that protected gender-affirming care under the Affordable Care Act have urged a Mississippi federal judge to rule the U.S. Department of Health and Human Services overstepped its authority and cannot require states to allow gender-affirming care for transgender people.
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April 28, 2025
EPA Restarts Voluntary Retirement Program
The U.S. Environmental Protection Agency on Monday refreshed its effort to convince employees to take a voluntary retirement package that was rolled out in the early days of the Trump administration but has been dormant until now.
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April 28, 2025
Class Attys Seek $6.5M Cut In $29.5M Plantronics Settlement
Lead counsel for Plantronics investors who secured a $29.5 million deal resolving claims the company used "channel stuffing" tactics to bolster revenue are seeking $6.5 million in fees, telling a California federal judge Friday the request is reasonable, given the strong recovery and their track record successfully prosecuting similar securities cases.
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April 28, 2025
Boston Children's To Pay $3M In Retirement Plan Fee Suit
Boston Children's Hospital will pay $3 million to a class of participants in its retirement plan to settle claims that it saddled them with excessive fees.
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April 28, 2025
Union Tells 3rd Circ. Healthcare Fight Belongs In Arbitration
A Pennsylvania federal judge properly concluded that a healthcare dispute between a power plant operator and an International Brotherhood of Electrical Workers local was arbitrable, the union said, asking the Third Circuit to uphold the judge's decision to send the fight to arbitration.
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April 28, 2025
Justices Won't Disturb 9th Circ.'s AT&T 401(k) Suit Revival
The U.S. Supreme Court declined on Monday to hear AT&T's bid for review of a Ninth Circuit panel decision reviving a class action against the telecom giant alleging mismanagement of an employee 401(k) plan, rejecting employers' request for more clarity from the court on the pleading standard for federal benefits lawsuits alleging excessive fees.
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April 25, 2025
Justices Want More Info On HHS Authority In Task Force Row
The U.S. Supreme Court on Friday ordered the federal government and a group of Texas businesses and individuals to compile more information as to whether the U.S. Department of Health and Human Services secretary has the authority to appoint members of a task force under the Affordable Care Act.
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April 25, 2025
Sutter Health To Pay $228M In Years-Old Antitrust Suit
A class of millions of health insurance premium payors asked a California federal judge Friday to greenlight an eleventh-hour $228.5 million settlement resolving their long-running claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.
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April 25, 2025
Up Next At High Court: Class Cert., Religious Charter Schools
The U.S. Supreme Court will hear oral arguments in five cases this coming week, including in disputes over whether courts can certify classes of plaintiffs when some members haven't suffered an injury and whether students alleging disability discrimination in public schools must meet a higher standard of proof to bring claims under the Americans with Disabilities Act.
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April 25, 2025
Tesla, Allies Urge Reversal Of Musk's $56B Pay Veto
Pointing to solid Tesla stockholder approval of Elon Musk's $56 billion, multiyear compensation plan, the Chamber of Commerce's national office has urged Delaware's Supreme Court to reverse a Chancery Court strikedown of the plan and reconsider a $345 million winning-side class attorney fee.
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April 25, 2025
US Trustee Says Benson Hill Can't Seal Exec Bonus Info
The U.S. Trustee's Office on Friday asked a Delaware bankruptcy judge to reject bankrupt soybean company Benson Hill's request to seal the names of executives it wants to pay bonuses to, along with the amounts it wants to pay.
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April 25, 2025
Defunct Media Co. To Pay $4.5M In NY WARN Act Case
Former digital media startup The Messenger has agreed to pay $4.5 million to a class of 275 workers who claimed in New York federal court that the company didn't give them enough notice about its layoffs and shutdown, the parties said on Friday.
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April 25, 2025
Ex-CFO Says CEO Fired Him To Avoid Paying Bonus
A company that produces adhesives and fasteners for the construction industry fired its vice president and chief financial officer to avoid paying him nearly $300,000 in bonuses, according to a contract suit removed to Connecticut federal court.
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April 25, 2025
10th Circ. Backs Spirit Aero's $31M Clawback From Ex-CEO
The Tenth Circuit on Friday backed Spirit AeroSystems Inc.'s decision to claw back $31 million worth of stock awards because a former CEO violated his noncompete agreement with the aircraft structure manufacturer, holding a lower court properly ruled the employment pact was enforceable under Kansas law.
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April 25, 2025
AAA Club To Pay $1M To Settle COBRA Notice Suit
An American Automobile Association club agreed to pay $1 million to resolve a proposed class action in Michigan federal court claiming that it failed to give workers notices for health insurance continuation coverage in a timely manner.
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April 25, 2025
X Can't Nix Unjust Discharge Claim In $20M Severance Suit
Twitter's former chief marketing officer will keep her claim accusing X, Elon Musk and others of unlawfully firing her after suggesting that Musk meet with an employee who didn't agree to let President Donald Trump back on the platform, a California federal judge said.
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April 25, 2025
Benefits Co. Failed To Protect Personal Info, Suit Says
An employee benefits administrator failed to properly secure and safeguard private information of benefits recipients, including their names and Social Security numbers, that was later compromised in a data breach, according to a proposed class action in Maryland federal court.
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April 25, 2025
5 Issues Benefits Attys Want The Gov't To Shed Light On
The first three months of President Donald Trump's administration have left lawyers who represent employers and benefit plans hungry for clarity on issues like cryptocurrency as a 401(k) investment and coverage for gender-affirming care. Here, Law360 looks at five areas where attorneys are hoping for guidance or regulations.
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April 25, 2025
Santos Gets Over 7 Years For Campaign Finance Fraud
Former U.S. Rep. George Santos was sentenced Friday to over seven years in prison after admitting he falsely inflated fundraising reports to qualify for National Republican Congressional Committee funding during the 2022 election.
Expert Analysis
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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What To Know About New Employment Laws In Fla.
Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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2 Rulings Show How Courts Assess Health Benefit Denials
Two recent decisions from federal appeals courts offer important insights into how courts are assessing denials of health benefit claims brought under the Employee Retirement Income Security Act, including guidance on how plan administrators should evaluate claims and what documents must be disclosed, says Mark DeBofsky at DeBofsky Law.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Mental Health Parity Rules: Tips For Plans And Issuers
Following federal agencies' release of final mental health parity rules, plan sponsors and health insurance issuers should develop protocols for preparing compliant nonquantitative treatment limitation comparative analyses, say attorneys at Ropes & Gray.