Analysis

Circuit Rift On Pension Credit May Catch Supreme Court's Eye

By Kellie Mejdrich

The Seventh Circuit recently established how to credit employers for a previous partial withdrawal from a multiemployer pension fund when calculating liability for a complete exit, resulting in a split with the Ninth and Eleventh circuits and raising the likelihood the issue could eventually reach the U.S. Supreme Court, attorneys said.

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Blue Shield Still Facing Therapy 'Ghost Network' Suit

By Bonnie Eslinger

A California federal judge ruled Wednesday that Blue Shield of California must face the majority of claims brought in subscribers' proposed class action alleging the insurer maintained a "ghost network" of mental-health providers that didn't exist or accept new patients, saying the suit adequately claims contract terms were not met.

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Federated Hermes Can't Evade 401(k) Self-Dealing Claims

By Matthew Santoni

Investment manager Federated Hermes Inc. must face most of a proposed class action from current and former employees over its alleged use of retirement funds to prop up its own underperforming investments, a Pennsylvania federal judge ruled Wednesday.

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Healthcare Co. Trims But Can't Escape Retirement Plan Suit

By Patrick Hoff

Nonprofit healthcare system Virtua Health can't avoid a proposed class action alleging its 401(k) plan unlawfully offered a risky and underperforming investment option that provided excessive compensation to plan service providers, a New Jersey federal judge ruled.

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Pension Worker's Scheme Targeted Law Enforcers, SEC Says

By Sydney Price

The U.S. Securities and Exchange Commission announced Wednesday a limited liability company and a pension plan administrator have agreed to settle claims they targeted current and retired law enforcement officers in Florida to raise $860,000 in investments.

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'Hanging In There' Doesn't Ax Disability Claim, 9th Circ. Says

By Lauren Berg

"Hanging in there" and working through the pain of a worsening disability is not a reason to reject the testimony of someone seeking Social Security benefits, the Ninth Circuit ruled Wednesday.

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NY Times Board Failed To Probe Anti-Israel Bias, Fla. Says

By Craig Clough

The New York Times Co.'s directors failed to address anti-Israel bias in the paper's coverage despite concerns about a freelancer who praised Adolf Hitler and repeated complaints from a newsroom whistleblower, a Florida state agency and a conservative think tank told a New York state court Wednesday.

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Vein Tech Maker Escapes Suit Over DOJ Kickback Probe

By Katryna Perera

A New York federal judge has tossed, for now, a proposed investor class action alleging that vein disease device maker Inari Medical Inc.'s share price fell after it disclosed an investigation into its compliance with federal anti-kickback laws, finding the suit does not plausibly show Inari was paying healthcare providers unlawful kickbacks, among other things.

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Conn. Panel Seeks Info On Intervenor Standing In Setoff Case

By Danielle Ferguson

A Connecticut appellate court has asked for more information about whether intervenors challenging caps that could cut millions of dollars of benefits in a state-managed rehabilitation of PHL Variable Insurance Co. are actual policyholders who have standing to be involved in an appeal.

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Opinion

Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

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Tarter Krinsky Data Breach May Have Affected Health Info

By Andrea Keckley

Tarter Krinsky & Drogin LLP said in a letter this month that a data breach last year may have compromised protected health information the firm possessed due to its representation of an unnamed healthcare provider.

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'I'm Tired Of This': Judge Scolds Atty In Romantasy Suit

By Theresa Schliep

A New York federal judge has reprimanded counsel for a writer in a failed copyright infringement lawsuit over the "Crave" book series, insisting the plaintiff answer all questions in a deposition over attorney fees and writing that she was "tired of this" and "indeed being jerked around."

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Goldstein Not Leaving Prison Any Time Soon, 4th Circ. Rules

By Jeff Overley

The Fourth Circuit balked late Wednesday at freeing Tom Goldstein from prison as he fights felony convictions, and it rejected fast-track review of the renowned appellate advocate's trial, indicating he'll likely spend substantial time behind bars even if his appeal succeeds.

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Analysis

Newman's Roadblocks Guide Judicial Conduct Reform Bill

By Dani Kass

The Judicial Conduct and Disability Act has worked well in allowing the judicial branch to govern itself for nearly 50 years, but the ongoing suspension of Federal Circuit Judge Pauline Newman has exposed gaps that could be addressed with newly introduced legislation, attorneys say.

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Senate Confirms Abbott Aide To Texas Federal Bench

By Courtney Bublé

The Senate voted 50-47, along party lines, on Wednesday to confirm Angela Colmenero, deputy chief of staff to Texas Gov. Greg Abbott, to serve on the Southern District of Texas.

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Fed. Panel At Standstill Over ABA Law School Accreditor Role

By Emma Cueto

A key U.S. Department of Education committee deadlocked Wednesday over whether the American Bar Association council responsible for approving law schools should continue as a federally recognized accreditor, tabling the issue until Thursday after different proposals failed to win majority support.

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