Analysis

Intel Case May Clarify Dismissal Standard For 401(k) Suits

By Kellie Mejdrich

The U.S. Supreme Court will hear arguments Tuesday from former Intel Corp. workers looking to revive a suit claiming their retirement savings suffered because of shoddy investments, a case that could shed light on what it takes to keep challenges to allegedly subpar 401(k) offerings alive.

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Feds Aim To Improve Health Cost Clarity With Final Reg

By Grace Elletson

The federal government unveiled a final rule Monday intended to make it easier to understand healthcare pricing information that President Donald Trump's first administration required private-sector healthcare plans to disclose, a move that agencies said was needed because previous regulations triggered a deluge of data.

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Justices Won't Wade Into Netflix ERISA Document Fight

By Kellie Mejdrich

The U.S. Supreme Court refused Monday to take up a Netflix employee health plan participant's challenge to a Ninth Circuit ruling that said contracts between Netflix and its health plan administrators weren't subject to disclosure under federal benefits law.

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High Court Turns Away Delta Pilots' Military Leave Bias Suit

By Kellie Mejdrich

The U.S. Supreme Court refused Monday to hear former Delta Air Lines pilots' challenge to an Eleventh Circuit ruling that grounded their suit alleging the airline pushed them out of their jobs for taking military leave.

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5th Circ. Hints CMS Medicare Advantage Rule May Violate APA

By Spencer Brewer

A Fifth Circuit panel seemed hesitant to buy an argument that a rule from the Centers for Medicare & Medicaid Services dealing with Medicare Advantage plan overpayments went through proper rulemaking steps, asking Monday if the agency's argument that it can change its rationale "upends" rulemaking procedures.

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Justices Mull Courts' Authority To Hear Vets' Benefits Suit

By Madeline Lyskawa

The U.S. Supreme Court on Monday appeared split on whether the Veterans' Judicial Review Act bars federal district courts from presiding over constitutional challenges to statutes affecting veterans' benefits, with justices questioning both sides' interpretation of the law's no-review clause.   

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Justices Skip EIDP Retiree's Annuity Reduction Challenge

By Hayley Fowler

The U.S. Supreme Court on Monday declined to take up a pensioner's appeal challenging agricultural chemical giant EIDP Inc. and its retirement plan administrator's decision to reduce his monthly benefits.

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Justices Turn Away Case Over NLRB Remedies And Review

By Braden Campbell

The U.S. Supreme Court on Monday turned away an appeal of a Third Circuit ruling involving a number of labor issues, including the National Labor Relations Board's heightened remedies and the level of deference courts owe the agency.

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Negligence Claims Nixed In $4.6M Faulty Roof Coverage Row

By Hope Patti

A Tokio Marine unit accused of misrepresenting the terms of its policy has slipped a roofing contractor's negligence claims in a $4.6 million coverage dispute over a school renovation project but must face a claim that it intentionally misrepresented coverage, a Connecticut state court ruled.

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Groups Ask DC Circ. To Revive CMS Hemp Program Case

By Sam Reisman

A coalition of interests challenging a Centers for Medicare & Medicaid Services program to provide patients access to federally legal hemp products told the D.C. Circuit on Monday that a lower court was wrong to dismiss their petition.

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Policyholders Say Updated Deal Cures $148M Settlement Flaw

By Danielle Ferguson

A group of life insurance policyholders told a Connecticut federal court it has fixed the "narrow issues" that caused a $147.5 million settlement over life insurance costs to be thrown out this summer.

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Analysis

Judge Clevenger's Intellect Defined His Time On Fed. Circ.

By Dani Kass

Newly retired Federal Circuit Judge Raymond Clevenger has an "exceptionally keen intellect" that allowed him to spot holes or new paths in cases that the parties or fellow panel members hadn't explored, his former colleagues told Law360.

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Sotomayor Warns Judges: Don't Scare Your Jurors

By Brandon Lowrey

U.S. Supreme Court Justice Sonia Sotomayor on Monday criticized an Alabama trial court judge who frightened a pool of prospective jurors by ordering the arrest of a latecomer to jury selection, saying in a statement accompanying a denial of certiorari in the case that fear can undermine a defendant's right to an impartial jury.

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Quinn Emanuel Seeks $750K After Defeating Buzbee Suits

By Lynn LaRowe

Quinn Emanuel Urquhart & Sullivan LLP is seeking nearly $750,000 in attorney fees after defeating claims in Texas state court that it conspired with rapper Shawn "Jay-Z" Carter to retaliate against prominent Houston plaintiffs attorney Tony Buzbee and two of his former clients.

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9th Circ. Pauses Rogoff's Return As Seattle US Atty

By Jack Karp

The Ninth Circuit has put on hold a Washington federal judge's decision to reinstate Roger Rogoff as Seattle's top federal prosecutor, a post Rogoff held for less than an hour before he was fired by President Donald Trump.

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Jackson Walker Deal Stalled By Standing Issue, Trustee Says

By Lauren Berg

The U.S. Trustee's Office told a Texas federal judge that its settlement with Jackson Walker LLP to disgorge fees from cases touched by scandal is on ice while a bankruptcy judge examines the watchdog's standing to seek such relief.

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Eckert Seamans Says Data Breach Harm Is Only Speculative

By James Boyle

Pittsburgh-based law firm Eckert Seamans Cherin & Mellott LLC told a Pennsylvania federal judge on Friday a pair of proposed class actions claiming damages from a data breach at the firm have not made specific complaints of actual harm caused by the breach and should be dismissed.

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