Ex-Kellogg Worker's Suit Over 401(k) Fees Tossed For Good

By Kellie Mejdrich

Kellogg escaped a former employee's proposed class action alleging the food manufacturer lost its workers millions in retirement savings because of excessive recordkeeping fees, after a Michigan federal judge ruled Monday that the allegations failed to state a claim for violating federal benefits law. 

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Smith & Nephew Settles 401(k) Fee Dispute

By Kellie Mejdrich

A Massachusetts federal judge stayed a proposed federal benefits class action Monday against Smith & Nephew that accused the medical device company of imposing excessive fees on an employee 401(k) plan, after the parties told the court they had agreed to settle their dispute.

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Hilton Retirees Push DC Circ. To Reopen Pension Case

By Jared Foretek

A panel of D.C. Circuit judges appeared to agree Monday that a class of over 20,000 Hilton employees hadn't justified its request for detailed discovery on the hotel chain's compliance with a 14-year-old injunction requiring it to pay additional retirement benefits.

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4th Circ. Backs EIDP In Dispute Over Annuity Reductions

By Abigail Harrison

The Fourth Circuit backed agricultural chemical giant EIDP Inc. and its retirement plan administrator in a Monday opinion, finding that unambiguous contract language doomed the revival of a lawsuit from a retired employee who said his monthly benefit was unfairly reduced.

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'Red Flags' Give 2nd Circ. Pause In NBA Health Fraud Appeal

By Elliot Weld

A Second Circuit panel appeared skeptical Monday of arguments by two former NBA players convicted of defrauding a league healthcare plan that they were tricked into participating by the scheme's leader, saying the trial evidence included "red flags."

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NY Hotel Ordered To Pay $4.1M In Union Benefits Dispute

By Katherine Smith

A Manhattan hotel operator must hand over $4.1 million to a hotel and hospital workers union, a New York federal judge ruled, finding that the operator has failed to respond to accusations that it owes money to multiple health benefit funds.

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11th Circ. Vacates Benefits Ruling In Black Lung Case

By David Minsky

The Eleventh Circuit on Monday vacated a ruling that awarded survivors benefits to the widow of a railroad engineer who died after yearslong exposure to coal dust, finding the U.S. Department of Labor review board wrongly determined that a preparation plant was part of an underground coal mine. 

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Schnader Harrison ERISA Class Attys Seek Cut Of $675K Deal

By P.J. D'Annunzio

Class members who scored a $675,000 settlement resolving their case alleging the defunct firm Schnader Harrison Segal & Lewis LLP misdirected money meant for attorneys' retirement accounts have asked a Pennsylvania federal judge for counsel fees in the amount of one-third of the settlement.

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11th Circ. Won't Pause Medicaid Rule Amid Fla. Hospital Audit

By David Minsky

An Eleventh Circuit panel revived Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, but upheld a lower court's decision to deny the state's request for an injunction after finding it wouldn't likely succeed on the merits of its complaint. 

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Opinion

Horizontal Stare Decisis Should Not Be Casually Discarded

Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

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Series

The Law Firm Merger Diaries: Getting The Message Across

Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

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US Lawyer Numbers Surge With Hefty 2024 Graduating Class

By Tracey Read

The number of U.S. lawyers showed marked growth for the first time since 2020, due to a 2024 graduating class that was nearly 12% larger than any other class since 2012, a study from the American Bar Association released Monday showed.

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Habba Resigns As Acting US Atty After DQ Ruling At 3rd Circ.

By Jake Maher

Alina Habba stepped down Monday as acting U.S. attorney for New Jersey following a Third Circuit ruling that she was unlawfully appointed to the position, with the U.S. Department of Justice unveiling that a trio of officials will take on her responsibilities.

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Conservative Justices Probe 'Husk' Of FTC Firing Protections

By Bryan Koenig

The U.S. Supreme Court's conservative majority pushed back Monday against the 90-year-old precedent permitting the removal only for cause of Federal Trade Commission members, and perhaps those serving other independent agencies, calling those safeguards a "dried husk" and wondering where to draw the line for protected agencies.

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Ex-Josh Cellars President Fights Gibson Dunn Withdrawal Bid

By Elliot Weld

The former president of the company behind the Josh Cellars wine brand disputed Gibson Dunn & Crutcher LLP's version of events around his allegedly unpaid legal bills, saying he has questions about the reasonableness of the firm's charges, which must be arbitrated per his contract with the firm.

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Carlton Fields Steps Aside In 'Irreconcilable' Miss America Case

By Emily Johnson

A Florida federal judge allowed Carlton Fields and its attorneys on Monday to withdraw from representing the plaintiffs in a dispute over the ownership of the Miss America pageant, after the firm said "irreconcilable differences" drew it to ask to step down.

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Jury Expert Sues Atty For 'Pirating' Her Jan. 6 Venue Report

By Matt Perez

A New Hampshire defense attorney representing a defendant charged for crimes related to the storming of the U.S. Capitol on Jan. 6, 2021, has been sued in D.C. federal court for allegedly stealing a copyrighted study analyzing attitudes in the jury pool of the District of Columbia.

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Litigation Funder Says Attys Hid Deal To Evade $1.5M Payout

By Christine DeRosa

A Florida-based litigation funder has sued two California attorneys and a law firm, alleging they secretly settled a client's civil dispute and steered the money so they wouldn't have to repay over $1.5 million.

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Analysis

What To Do When Jurors Don't 'Trust The Science'

By Chris Villani

The pandemic and initiatives from the second administration of President Donald Trump challenging decades of established scientific norms have made science more politicized, and attorneys say picking a jury and presenting scientific evidence is increasingly challenging.

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Brief

Senators Kelly, Slotkin Set Up Legal Defense Funds

By Courtney Bublé

After appearing in a video encouraging members of the military and intelligence community to not follow illegal orders, Sens. Mark Kelly, D-Ariz., and Elissa Slotkin, D-Mich., have established legal defense funds.

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Defense Bill Includes Protections For Retired Justices

By Courtney Bublé

The National Defense Authorization Act for fiscal 2026 released Sunday night extends U.S. Supreme Court police protection for retired and former justices and their immediate family members.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court delivered a busy first week of December, featuring commercial disputes, post-closing merger and acquisition battles and renewed scrutiny of fiduciary conduct ranging from oil and gas investments to healthcare acquisitions. 

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