The Eleventh Circuit's decision to reopen a suit from a former Royal Caribbean worker claiming 401(k) participants lost millions on underperforming target-date funds could make it easier for plaintiffs to get to trial in cases accusing companies of retirement plan investment picks that violate federal benefits law, attorneys said.
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11th Circ. Ruling Could Help ERISA Suits Survive Until Trial

By Kellie Mejdrich

The Eleventh Circuit's decision to reopen a suit from a former Royal Caribbean worker claiming 401(k) participants lost millions on underperforming target-date funds could make it easier for plaintiffs to get to trial in cases accusing companies of retirement plan investment picks that violate federal benefits law, attorneys said.

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Radiology Co. Board Members Can't Dodge ESOP Trial

By Grace Elletson

A Colorado federal judge declined Friday to let board members of radiology company Envision escape a suit headed to a bench trial over claims they orchestrated an inflated $163.7 million stock sale to an employee stock ownership plan, ruling it's too contested whether they had control of the deal.

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UC Health Pension Plan Defeats Doc's Denied Benefits Suit

By Grace Elletson

An Ohio federal judge tossed a doctor's suit claiming he was wrongfully denied pension benefits when UC Health bungled his years of qualifying service, ruling the calculations that concluded he was not eligible for payments were fair game under the plan's terms.

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Insurers Owe No Coverage For $40M Retirement Plan Deal

By Gianna Ferrarin

Three excess insurers owe no coverage for a $40 million settlement that a church retirement plan administrator reached to resolve claims of self-dealing, a California federal court ruled, finding the claims were connected to wrongful prior acts.

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LITIGATION

6th Circ. Revives Freddie Mac Subprime Suit From '08 Crash

By Craig Clough

The Sixth Circuit Friday revived a long-running securities suit brought by the Ohio Public Employees Retirement System against Freddie Mac and several of its former executives, holding that a district court erred in granting a summary judgment win for the government-backed enterprise and also denying class certification.

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NJ Medicaid Fee Law Barred By ERISA, Trade Groups Argue

By Patrick Hoff

A coalition of restaurant, retail and hotel industry groups has urged a New Jersey federal court to strike down a state law requiring businesses to pay a fine when their employees are enrolled in the state Medicaid program, arguing the statute conflicts with federal benefits law.

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OhioHealth Faces Suit Over Insurance Contract Terms

By Aneeta Mathur-Ashton

An Ohio health system has been hit with a proposed class action over its contractual restraints that a union health plan alleges prevent cheaper insurance providers from gaining a foothold in the market.

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Army Immunity Ends Defrauded Families' Malpractice Claims

By Carla Baranauckas

A New Jersey federal judge tossed legal malpractice claims against attorney Natalie Khawam Case and the law firm she founded, finding that a group of Gold Star families could not show that their underlying allegations against the U.S. Army would have survived the Federal Tort Claims Act's limits on suing the government.

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EXPERT ANALYSIS

WWE Sanctions Ruling Pins Down Spoliation Lesson

The Delaware Chancery Court’s recent verdict in favor of WWE investors may be the most carefully calibrated spoliation sanctions decision in recent memory, and it should reshape how counsel approach their motions — including in federal court, says Ricky Weingarten at Slarskey.

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LEGAL INDUSTRY

AGs Want Meta's Privilege Claims Reviewed In Bellwether Trial

By Dorothy Atkins

During a break in a jury trial Monday over states' claims Meta hid social media's harm, states' counsel urged a California federal judge to require Meta to re-review all of its attorney-client privilege designations, arguing that "it seems actually logically impossible" that Meta described the wrong standard in only a single document.  

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Legal Center Says DOJ Is Stonewalling Fund Records Request

By Jared Foretek

A voting rights nonprofit is accusing the U.S. Department of Justice of stonewalling a request for records on the Trump administration's attempted "anti-weaponization fund," claiming that the agency has spent the summer unlawfully ducking a Freedom of Information Act submission.

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Galindo Law Files For Ch. 11 After Camp Lejeune Fee Fight

By Ben Zigterman

A Houston-based personal injury law firm sought bankruptcy relief on Monday with more than $50 million in liabilities after a mass tort litigation marketing company sued for over $9 million in fees related to finding potential victims of water contamination at Marine Corps Base Camp Lejeune.

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Attys Ask Court To Toss Suit Alleging They Stole 1,000 Cases

By Spencer Brewer

Multiple attorneys asked a Texas federal court to toss claims that they conspired to hijack 1,000 cases filed by hurricane survivors who had hired and built cases with a different firm, claiming the firm that brought the suit failed to plead a viable RICO claim.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court last week saw a wave of lawsuits involving corporate oversight, take-private deals, financing transactions, bankruptcy fallout, stockholder voting rights and disputes over control.

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LAW FIRMS IN TODAY'S NEWS

Advisors LLC

Andrus Boudreaux

Bricker Graydon

Cohen Milstein

Covington & Burling

Dykema Gossett

Faegre Drinker

Farella Braun

Gilbert LLP

Groom Law Group

Jason J. Joy & Associates

Jordan Lynch & Cancienne

Kaufman Borgeest

Markovits Stock

Mayer Brown

Meyerson & Miller

Moore & Van Allen

Morgan Lewis

O'Connor Haseley

Parlatore Law Group

Porter Wright

Ropers Majeski

Sanford Heisler

Slarskey LLC

Strauss Troy

Thompson Coe

Tressler LLP

Whistleblower Law Firm LLP

Wilkinson Stekloff

Willkie Farr

COMPANIES IN TODAY'S NEWS

APC

American Hotel & Lodging Association

American Retirement Association

Apple Inc.

B. Riley Financial Inc.

Campaign Legal Center

Capital One Financial Corp.

Deer Finance LLC

Discover Financial Services Inc.

Endeavor Operating Company LLC

Enviva LP

Equinox Holdings Inc.

Fort Point Capital

Freddie Mac

Gemspring Capital

Instagram Inc.

International Franchise Association

Ironshore Inc.

Jefferies Financial Group Inc.

Keurig Dr Pepper Inc.

Lineage Inc.

Meta Platforms Inc.

National Retail Federation Inc.

NewYork-Presbyterian Hospital

Ohio Public Employees Retirement System

OhioHealth Corp.

RWE AG

Restaurant Law Center

Royal Caribbean Cruises Ltd.

Russell Investments Group LLC

SanDisk Corp.

The Goodyear Tire & Rubber Co.

Trump Organization Inc.

UC Health LLC

World Wrestling Entertainment Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Department of Justice

Delaware Court of Chancery

Federal Housing Finance Agency

Internal Revenue Service

Ohio Attorney General's Office

U.S. Army

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Justice

U.S. Department of Labor

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

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Jersey

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

U.S. District Court for the Southern District of New York

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Southern District of Ohio