In a precedential opinion dealing with an issue of first impression, the Third Circuit on Wednesday held that the Employee Retirement Income Security Act preempts a doctor's defamation claim against Cigna because the statements stemmed from the administration of his patients' health plans.
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TOP NEWS

Doc's Defamation Claim Against Cigna Barred By ERISA

By P.J. D'Annunzio

In a precedential opinion dealing with an issue of first impression, the Third Circuit on Wednesday held that the Employee Retirement Income Security Act preempts a doctor's defamation claim against Cigna because the statements stemmed from the administration of his patients' health plans.

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Wells Fargo Forfeiture Suit Falls Short Again

By Kellie Mejdrich

A Minnesota federal judge tossed a proposed class action against Wells Fargo alleging the bank misspent 401(k) forfeitures, holding on Wednesday for a second time that the ex-worker who sued lacked standing to bring his claims.

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Waffle House Tobacco Fees Violate Benefits Law, Worker Says

By MJ Koo

Waffle House was sued by a former server who alleges the restaurant chain collected an unlawful tobacco surcharge from employees enrolled in its health plan without offering a compliant wellness program or properly notifying workers of how to avoid the fee.

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Avangrid Workers Say Bad Fund Cost Them Up To $124M

By Brian Steele

An Avangrid unit's retention of an underperforming T. Rowe Price 401(k) fund has cost workers at least $45 million since 2020, and that figure is only expected to climb, according to an ERISA lawsuit in Connecticut federal court.

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ENFORCEMENT & COMPLIANCE

Florida AG Opens Probe Over CVS' Ownership Of Caremark

By Matthew Perlman

Florida state enforcers are investigating CVS Corp. over concerns that its ownership of the pharmacy benefits manager Caremark allows it to steer patients to its own retail pharmacies while taking steps to hinder independent rivals.

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LITIGATION

11th Circ. Says Late Charge Dooms Sedgwick Age Bias Suit

By Grace Elletson

The Eleventh Circuit backed benefits administrator Sedgwick's win on Wednesday in a former worker's age bias suit alleging the company unfairly criticized her performance and fired her, ruling her case fell flat because she filed her presuit bias charge with the U.S. Equal Employment Opportunity Commission too late.

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PEOPLE

Brief

Latham Hires Exec Compensation Pro From Ropes & Gray

By Andrea Keckley

Latham & Watkins LLP announced that it has hired a Ropes & Gray LLP attorney in New York, marking the second addition to its executive compensation, employment and benefits practice in the past month.

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EXPERT ANALYSIS

New Timeline For Benefits Cases May Increase FCA Litigation

Recent reforms designed to speed enforcers’ intervention decisions in False Claims Act suits involving state-administered benefits will likely encourage more qui tam relators to litigate cases without the government’s imprimatur, and increase defendants’ discovery burdens, defense costs and business disruptions, say attorneys at Morgan Lewis.

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Why Highly Specialized Experts May Risk Exclusion At Trial

Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

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LEGAL INDUSTRY

How 3 Courts Are Approaching AI Adoption

By Emily Sawicki

The rules surrounding artificial intelligence experimentation in courts run the gamut from court systems offering proprietary tools and training to unwritten policies that essentially amount to don't ask, don't tell.

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Analysis

With Data And AI, Whistleblowers Set Off An FCA Tidal Wave

By Phillip Bantz

Whistleblowers are increasingly using artificial intelligence to comb through public data in search of potential False Claims Act cases, unleashing a flood of new complaints that are shaking up white collar defense and government enforcement efforts while subjecting more companies to potentially false allegations, experts say.

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Conn. Justices Threaten Sanctions For AI Errors

By Andrea Keckley

The Connecticut Supreme Court has threatened to sanction GLG Law LLC and one of its attorneys for submitting documents in two cases "that misrepresented the law through the use of generative artificial intelligence," according to a Tuesday order that summoned them to appear in court next month.

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Atty DQ Over Inadvertent Doc Disclosure Overturned

By Y. Peter Kang

A California state appeals court has upended the disqualification of defense counsel in a sexual battery suit, saying documents undermining the case that were accidentally produced via a Dropbox link were not privileged.

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DOJ Nominee Questioned About Deleted Social Media Posts

By Courtney Bublé

A nominee for a top U.S. Department of Justice position, who is a real estate attorney turned tech entrepreneur, came under fire on Wednesday for past social media posts that he's now deleted.

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Booker, Cassidy Press DOJ On Trump Immunity Deal

By Courtney Bublé

Sens. Bill Cassidy, R-La., and Cory Booker, D-N.J., wrote to acting Attorney General Todd Blanche on Wednesday expressing "serious concerns" about the alleged immunity for President Donald Trump, his family and businesses in the controversial settlement he reached with the IRS.

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LAW FIRMS IN TODAY'S NEWS

Callahan & Blaine

Crowell & Moring

Faegre Drinker

Haffner Law PC

Hogan Lovells

Hunton Andrews

K&L Law Group

Kim Vaughan Lerner

Latham & Watkins

McCarter & English

Milberg PLLC

Morgan Lewis

Nolan Thompson

Paul Weiss

Proskauer Rose

Reed Smith

Ropes & Gray

Siri & Glimstad

Wachtell Lipton

Womble Bond

Woods Rogers

COMPANIES IN TODAY'S NEWS

Aetna Inc.

Avangrid Inc.

CVS Health Corp.

Chicago Bar Association

Connecticut Legal Services

Express Scripts Holding Co.

FTI Consulting Inc.

Gerson Lehrman Group Inc.

HCR ManorCare Inc.

Iberdrola SA

Kubota Corporation

New Jersey State Bar Association

Optum Inc.

Sedgwick Claims Management Services Inc.

T. Rowe Price Group Inc.

The Cigna Group

UnitedHealth Group Inc.

Waffle House Inc.

Wells Fargo & Co.

GOVERNMENT AGENCIES IN TODAY'S NEWS

City and County of San Francisco, California

Equal Employment Opportunity Commission

Federal Reserve System

Federal Trade Commission

Internal Revenue Service

Office of Justice Programs

Office of Juvenile Justice and Delinquency Prevention

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Arizona

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Minnesota

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Georgia

U.S. District Court for the Northern District of Indiana

U.S. District Court for the Western District of Texas

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Northern District of Ohio