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Benefits
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November 06, 2025
Kaiser Faces $5.4M Suit In Colorado Over Push To Telehealth
A Colorado mental health clinic claims that the Kaiser Foundation Health Plan of Colorado violated state healthcare laws by terminating its agreement with the behavioral health facility early, disrupting care for more than 7,800 patients.
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November 06, 2025
Med Groups Call To Break Up 'Politicized' CDC Vax Committee
A Massachusetts doctor and a group of public health trade associations want the federal government to break up a key vaccine committee tasked with nationwide vaccine policy, arguing in an amended lawsuit Thursday that the panel has been tainted with anti-vaccine sentiment.
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November 06, 2025
Seafood Co. Workers Urge 11th Circ. To Rehear ESOP Fight
Workers for a seafood company urged the Eleventh Circuit to rethink a panel's decision in October that upheld dismissal of their suit accusing the company of employee stock ownership plan mismanagement, arguing the full court should overturn appellate precedent that led to the three-judge panel's decision.
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November 06, 2025
Meijer Health Plan Smoking Charge Shirked ERISA, Suit Says
Supercenter chain Meijer unlawfully penalized workers with a $20-a-week health plan charge for using tobacco, a worker said in a proposed class action, claiming the company failed to properly follow regulations that allow workers to recoup the fee by participating in a wellness program.
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November 05, 2025
10th Circ. Revives Yellow's $137M Suit Against Teamsters
The Teamsters once again must face Yellow Corp.'s allegations that the union drove the trucking company into bankruptcy by holding up a corporate restructuring, with a Tenth Circuit panel reviving Yellow's $137 million breach-of-contract lawsuit against the union Wednesday.
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November 05, 2025
Pharmacy Groups Urge 8th Circ. To Back Ark. PBM Limits
A pair of pharmacy trade groups is urging the Eighth Circuit to allow Arkansas to enforce a law barring pharmacy benefit managers from owning pharmacies, arguing the law is a rational response to "abusive" PBM practices.
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November 05, 2025
Judge Demands Facts In Pa. Medicaid-Paid Abortion Ban Case
A Pennsylvania Commonwealth Court judge on Wednesday repeatedly asked healthcare providers at oral arguments to show her facts on why a statewide ban on Medicaid-funded abortions was unconstitutional, often remarking that the case was short on evidence to support making changes to the coverage exclusion.
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November 05, 2025
Celgene Inks $239M Investor Deal Over Drug Pipeline Claims
Celgene Corp. has agreed to a $239 million settlement with investors to resolve claims that the biopharmaceutical company hyped up its share price by failing to disclose timeline and growth problems with two of its drugs, ending the case after seven years of litigation and with a January 2026 trial date looming.
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November 05, 2025
CenterPoint To Pay $800K To End 401(k) Fee Suit
Houston-based utility company CenterPoint Energy will pay $800,000 to resolve a proposed class action claiming its $2.6 billion employee retirement plan was saddled with excessive recordkeeping fees, according to a Texas federal court filing.
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November 05, 2025
American Airlines Workers' Attys Seek $8M In ESG Battle
Class counsel representing American Airlines workers who prevailed on claims their employer violated federal benefits law by allowing an unchecked emphasis on environmental, social and governance factors in their employee retirement plan asked a Texas federal court for $7.9 million in fees.
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November 05, 2025
Dish Network Wants To Toss 401(k) Fund Suit
A class action accusing Dish Network of mismanaging retirement funds is rootless and evidence doesn't support its claims that the company acted imprudently, the entity told a Colorado federal court, seeking a pretrial win.
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November 04, 2025
IRhythm Investors Seek Class Cert. In Heart Device Suit
Investors in digital healthcare company iRhythm Technologies are seeking certification of a class that bought shares of the company over a roughly two-year period during which it allegedly concealed issues with its Zio AT heart-event monitoring device.
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November 04, 2025
Bally's Escapes ERISA Suit Over Tobacco Surcharge
Casino operator Bally's defeated a proposed class action alleging workers who use tobacco were unlawfully overcharged for health benefits, with a Rhode Island federal judge ruling Tuesday that federal law doesn't require retroactive reimbursement of plan participants' fees after completion of a tobacco cessation program.
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November 04, 2025
Ex-Employees Accuse Colo. Solar Firm Of Equity Fraud
Former employees of a Denver-based solar and storage development company allege it committed fraud by promising them nearly $2 million in private equity in the company but later slashing the value to avoid properly compensating them after laying off the pair, according to a suit filed in Colorado state court.
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November 04, 2025
Chem Cos. Urge 3rd Circ. To Scrap ERISA Ruling Over Spinoff
Chemical companies Corteva Inc. and DuPont urged the Third Circuit Tuesday to upend a verdict in favor of employees who claimed they were misled about how a merger and spinoff would affect their retirement benefits, arguing plan participants' confusion and disappointment can't be remedied under federal benefits law.
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November 04, 2025
9th Circ. Revives Ore. Right To Life Suit: 3 Things To Know
A divided Ninth Circuit panel sided with an Oregon anti-abortion group last week and reinstated its lawsuit challenging a state law that requires health plans to cover abortion and contraceptives.
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November 04, 2025
3rd Circ. Won't Rethink Reversing Union's $3.5M Pension Win
The Third Circuit on Tuesday refused to rethink its earlier decision to reverse a $3.5 million win for a pipe fitters and plumbers union in a dispute with a commercial real estate company over pension contributions related to overtime hours.
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November 03, 2025
2nd Circ. Urged To Revive Norfolk Southern Fraud Suit
The Second Circuit was told Friday that a proposed securities fraud class action against Norfolk Southern Corp. investors should be revived, as the rail giant misled investors by falsely extolling safety commitments while the company winnowed its workforce and cut costs.
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November 03, 2025
3rd Circ. Weighs Arbitration Of Union Withdrawal Liability Suit
The Third Circuit on Monday seemed inclined to reopen a dispute between two companies and a union over an $800,000 pension withdrawal bill, with judges questioning whether the parties must first arbitrate disputes about the timeliness of liability notices from the union.
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November 03, 2025
New Loan Forgiveness Rule Targets Trump Critics, States Say
Two lawsuits filed Monday, one by a coalition of states and the other by a group of cities, unions and advocacy organizations, are challenging a new Trump administration rule imposing "intentionally vague" and allegedly illegal restrictions on student loan forgiveness for public employees intended to stifle dissent.
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November 03, 2025
Catching Up With Delaware's Chancery Court
From billion-dollar pharma feuds to shifting equity deadlines, Delaware's courts saw another week of battles over mergers, fiduciary duty and judicial limits.
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November 03, 2025
Michael Best Adds Ex-Electric Cooperative Assistant GC
The former assistant general counsel of a national nonprofit that promotes the interests of consumer-owned electric cooperatives has joined Michael Best & Friedrich LLP as a senior counsel focused on labor, employment and benefits issues.
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October 31, 2025
Aetna Strikes $650K Deal In Lipedema Patients' Coverage Suit
Aetna has agreed to pay up to $650,000 to resolve a class action claiming it unlawfully refused to cover liposuction for over two dozen patients with a rare condition called lipedema, according to a filing in California federal court.
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October 31, 2025
Bayer Investors Get Final OK For $38M Settlement, Atty Fees
A California federal judge has finalized a $38 million settlement between Germany-based Bayer AG and a class of investors who claim the company deceived them about the litigation risks of acquiring Roundup producer Monsanto, with the lead plaintiffs' attorney saying the deal reaffirmed investors' ability to hold foreign companies responsible for violating U.S. securities laws.
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October 31, 2025
Plumbing Co. Reaches $1.8M Deal In 401(k) Forfeiture Suit
A plumbing supply company has agreed to pay $1.8 million to close a suit claiming it allowed its $2.6 billion retirement plan to be bogged down by excessive management fees and pricey investment funds, according to a California federal court filing.
Expert Analysis
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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.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.