3rd Circ. Mulls 401(k) Plan Terms In 2 Forfeiture Fights

By Kellie Mejdrich

The Third Circuit Wednesday seemed inclined to revive a Siemens worker's proposed class action alleging the technology company misspent 401(k) forfeitures, but appeared more skeptical of a Honeywell ex-worker's bid to revive a similar class action given differences in plan language.

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Pilgrim's Pride Says 401(k) Suit Rests On Bad Math

By Benjamin Morse

Food production company Pilgrim's Pride urged a Colorado federal judge to toss a proposed class action challenging a stable value fund in its 401(k) plan, saying the allegations rely on flawed calculations and mismatched comparisons.

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Brief

DOL Gets To Argue In 11th Circ. ESOP En Banc Appeal

By Kelcey Caulder

The Eleventh Circuit Wednesday granted the U.S. Department of Labor permission to argue as amicus in support of a seafood company in a worker-side appeal seeking to revive allegations of mismanagement of an employee stock ownership plan, which the full appellate court has agreed to consider in September.

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NY-Presbyterian Says DOJ's Antitrust Case Is Misguided

By Matthew Perlman

New York-Presbyterian Hospital is pushing back against claims that it blocks cheaper insurance plans through its contracts with insurers, telling a federal court that enforcers are challenging industry-standard contract terms that lower prices and guarantee patient access.

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Cummins Beats Emissions Derivative Suits, For Now

By Linda Chiem

An Indiana federal judge on Wednesday dismissed consolidated shareholder derivative litigation alleging engine manufacturer Cummins Inc.'s top executives breached their fiduciary duties by overseeing a scheme to rig vehicles with emissions-cheating software, prompting $2 billion in penalties to settle regulators' claims concerning Clean Air Act violations.

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WWE Shareholders Win Sanctions Over Lost Signal Messages

By Jarek Rutz

World Wrestling Entertainment Inc. investors won sanctions in the Delaware Chancery Court after a judge found former CEO Vince McMahon and other senior executives recklessly allowed encrypted and ephemeral Signal messages and other evidence tied to WWE's $21.4 billion merger with Ultimate Fighting Championship to disappear during litigation over the deal.

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Analysis

Meet Biden's Attys Fighting DOJ Release Of Memoir Materials

By Jeff Overley

Former President Joe Biden has selected Hecker Fink LLP lawyers well acquainted with politically charged litigation for his extraordinary new lawsuit accusing the U.S. Department of Justice of orchestrating a congressional inquiry in order to divulge "highly personal" records to the Heritage Foundation.

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Chicago US Atty Revamps Grand Jury Rules After Misconduct

By Parker Quinlan

Chicago's top federal prosecutor announced on Wednesday a new suite of rules for how grand jury investigations are handled after an Illinois federal judge accused the prosecutor's office of misconduct in a case against six immigration activists.

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Pierce Atwood Rips Billionaire's 'Absurd' Suit Over Asset Sale

By Sydney Price

Pierce Atwood and two attorneys urged a Massachusetts federal judge to reject a Ukrainian billionaire's suit blaming them for a $1.8 billion damages order in investor litigation over the billionaire's failed biotech company, saying his own wrongdoing led to the judgment.

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Ex-Judges Urge Court To Scrutinize Trump-IRS Deal

By Jack McLoone

A group of 35 former federal judges pushed for a Florida federal court to reopen President Donald Trump's now-settled $10 billion tax leak case against his own Internal Revenue Service, alleging that Trump and the DOJ deceived the court.

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Trump Taps Ohio Appeals Judge For Federal Bench

By Courtney Bublé

President Donald Trump announced on Wednesday he's nominating state Judge Matthew Byrne as a U.S. district judge for the Southern District of Ohio.

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Perkins Coie Docs At Issue In Omani Co.'s Malpractice Case

By Sarah Jarvis

An Oman-based screw and nail manufacturer has urged a Washington state judge to force Perkins Coie LLP to hand over a trove of documents related to the firm's past work representing the Middle Eastern company in a U.S. Department of Commerce probe, saying more information is needed to assess the law firm's defenses against claims its mistakes cost the company hundreds of millions of dollars.

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ProPublica Denied Access To Ranbaxy Antitrust MDL Docs

By Gianna Ferrarin

A Massachusetts federal court denied ProPublica's bid to unseal court filings in settled multidistrict litigation alleging a subsidiary of Indian drugmaker Sun Pharmaceuticals illegally delayed market entry of generic drugs, ruling the nonprofit news organization's request came too late in the case.

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Titan Of The Plaintiffs Bar: Keller Rohrback's Gretchen Freeman Cappio

By Andrea Keckley

By the time Volkswagen was exposed for touting the low emissions of cars that secretly released nitrogen oxide pollutants up to 40 times the legal limit in the U.S., Keller Rohrback LLP's Gretchen Freeman Cappio knew she wasn't interested in defending corporate giants.

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