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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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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LITIGATION

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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LEGAL INDUSTRY

Ex-FBI Analyst Says Bove Ordered Illegal Protester Probe

By Courtney Bublé

A former FBI agent has come forward with a claim that when U.S. Circuit Judge Emil Bove was at the U.S. Department of Justice, he directed the Los Angeles field office to illegally investigate protesters.

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3rd Circ. Judge Faces Ethics Complaint For Managing PR Firm

By Adrian Cruz

A pair of U.S. senators from Delaware have filed an ethics complaint with the Third Circuit raising concerns over U.S. Circuit Judge Jennifer Mascott's purported operation of a public affairs agency, months after she was officially confirmed to the appellate court.

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Cornell Hires Ex-Deputy AG Yates To Lead Internal Review

By Christine DeRosa

Following widespread public outrage over how a former student's rape allegations were handled, Cornell University has hired former deputy U.S. attorney general and King & Spalding LLP partner Sally Yates to lead an internal review of its policies and procedures.

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Judge Newman Gets Suspension Fight Moved To 11th Circ.

By Dani Kass

Chief Justice John Roberts has transferred the Federal Circuit's investigation of suspended U.S. Circuit Judge Pauline Newman to the Eleventh Circuit, the latter court said Tuesday.

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Texas Justices Leery Of Banning AI Deposition Transcripts

By Spencer Brewer

Texas Supreme Court justices seemed hesitant to bar attorneys outright from using artificial intelligence voice transcription software during depositions, pointing out Tuesday that multiple safeguards exist to ensure accuracy.

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DOJ Says 12-Juror Rule Would Cause Unwarranted 'Upheaval'

By Brandon Lowrey

The U.S. Department of Justice on Tuesday urged the Supreme Court to uphold precedent allowing states to use juries of fewer than 12 people in serious criminal cases, saying overruling it could unsettle thousands of convictions and force many states to change their criminal procedure laws.

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Approach The Bench: Judge Panter On Mediating Vs. Judging

By Cara Bayles and Kelley Marcano

When attorneys come before retired Judge Michael Panter, a former circuit court judge in Cook County, Illinois, they sometimes forget that he is not there to decide their cases, but to resolve them.

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UVA Law Prof Takes On Role Of USPTO General Counsel

By Elliot Weld

The U.S. Patent and Trademark Office said University of Virginia School of Law professor John F. Duffy has joined the agency as its general counsel and acting solicitor.

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LAW FIRMS IN TODAY'S NEWS

Baker Botts

Bays Firm

Boies Schiller

Bondurant Mixson

Butler Snow LLP

Centricity Law

Cohen Milstein

Covington & Burling

Gerber Ciano

Hassett & George

Holland & Knight

Jubelirer Pass

Kaufman Dolowich

King & Ballow

King & Spalding

Littler Mendelson

Madsen Prestley

Morgan Lewis

O'Melveny & Myers

Reich & Paolella

Robinson & Cole

Sanford Heisler

Saxe Doernberger

Schirger Feierabend

Stonebarger Law

Stueve Siegel

Susman Godfrey

WilmerHale

Wright Close Barger & Guzman

COMPANIES IN TODAY'S NEWS

ADR Systems

APC

American Federation of Labor & Congress of Industrial Organizations

Apple Inc.

Burke Inc.

Canon Inc.

Cornell University

Corteva Inc.

Delta Air Lines Inc.

DuPont de Nemours Inc.

George Washington University

Government Accountability Project

Harvard University

Humana Inc.

Intel Corp.

Lincoln National Corp.

LinkedIn Corp.

National Women's Soccer League LLC

Netflix Inc.

New Civil Liberties Alliance

Pacific Life Insurance Co.

Parker-Hannifin Corp.

Philadelphia Consolidated Holding Corp.

Smart Approaches to Marijuana

Spotify Technology SA

The ERISA Industry Committee

The Goldman Sachs Group Inc.

The Newspaper Guild

TikTok Inc.

United States Soccer Federation Inc.

University of Virginia

World Insurance Associates LLC

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Medicare & Medicaid Services

Federal Bureau of Investigation

Florida Supreme Court

Food and Drug Administration

National Labor Relations Board

New York Attorney General's Office

Texas Supreme Court

U.S. Army

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Fifth 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. Department of Labor

U.S. Department of Veterans Affairs

U.S. District Court for the District of Connecticut

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

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

U.S. Office of Personnel Management

U.S. Patent and Trademark Office

U.S. Senate

U.S. Supreme Court