Justices Won't Review Yellow Corp. Ch. 11 Pension Liabilities

By Clara Geoghegan

The U.S. Supreme Court on Monday rejected defunct trucking giant Yellow Corp.'s appeal of a bankruptcy court decision that it owes billions of dollars in retirement fund withdrawal liability, despite a pandemic-era pension fund stimulus package.

Read full article » | Save to favorites »

Wash. Teachers Win $120M In 23-Year Retirement Dispute

By Ben Adlin

Washington's Department of Retirement Systems owes nearly $120 million to a class of more than 26,000 public school teachers after decades of wrongfully withholding interest and investment returns from their retirement accounts, according to a state judge's ruling in a long-running employee benefits case.

Order attached | Read full article » | Save to favorites »

8th Circ. Backs Tossing Ark. Worker's Pharmacy Network Suit

By Kellie Mejdrich

The Eighth Circuit on Monday turned down an employee health plan participant's bid to revive a proposed class action alleging CVS Caremark unjustly enriched itself by failing to comply with Arkansas laws on pharmacy network adequacy, holding a lower court didn't err in tossing the dispute.

Opinion attached | Read full article » | Save to favorites »

PBMs Drop Fight To Pause Insulin Case Amid Deal Talks

By Matthew Perlman

Optum, Caremark and Express Scripts on Monday dropped their appeal in a case challenging the constitutionality of the Federal Trade Commission's in-house administrative process, and the pharmacy benefit managers are working to settle the commission's remaining insulin-pricing claims.

3 documents attached | Read full article » | Save to favorites »

3rd Circ. Preview: DuPont Pensions, Detainees' Court Access

By Carla Baranauckas

An appeal testing the limits of ERISA fiduciary liability goes before the Third Circuit in July when DuPont and Corteva seek to overturn a district court ruling that a corporate spinoff damaged employees' retirement benefits. The court will also hear argument on whether heavy equipment giant Caterpillar forced a competitor out of business by pressuring a vendor. Here are some highlights from the court's July calendar.

9 documents attached | Read full article » | Save to favorites »

High Court Passes On UT Professor's Speech-Chilling Suit

By Spencer Brewer

The U.S. Supreme Court on Monday refused to take up a University of Texas at Austin professor's appeal alleging the university punished him for his conservative speech and criticism of university leadership.

Read full article » | Save to favorites »

Fed. Circ. Says Vet's Atty Can't Get Fees Over New Hip Claim

By Ganesh Setty

The Federal Circuit has rejected an attorney's bid to secure attorney fees following her client's long-running quest for disability benefits from the U.S. Department of Veterans Affairs, finding that a separate case commenced following his February 2021 hip surgery.

Opinion attached | Read full article » | Save to favorites »

Hospital That Halted Gender Care Must Show Cause

By Zach Dupont

A Colorado state court judge issued a citation on Friday to Children's Hospital Colorado ordering it to show cause for why the hospital refuses to provide gender-affirming care to patients in violation of a preliminary injunction order issued by the Colorado Supreme Court. 

2 documents attached | Read full article » | Save to favorites »

Feds Sue Mich., Other States For Not Sharing SNAP Records

By Lauren Berg

The U.S. Department of Justice is asking federal courts to force Kentucky, Michigan, Minnesota and Pennsylvania to turn over their Supplemental Nutrition Assistance Program applicant data that the Trump administration claims it needs to uncover billions of dollars in overpayments and fraud.

8 documents attached | Read full article » | Save to favorites »

UChicago Instructor Loses Suit Over Review, Grievance Fight

By Lauraann Wood

A former instructor's dispute over an allegedly improper performance review cannot move forward against the University of Chicago and a Service Employees International Union local because he hasn't raised viable claims over the process that led to his contract nonrenewal, an Illinois federal judge said Monday.

Order attached | Read full article » | Save to favorites »

Professor Hits EMU With Gender Pay Disparity Suit

By Melanie Dorsey

An Eastern Michigan University interior design professor has sued the university and its board of regents in Michigan federal court, alleging the school systematically paid female faculty less than similarly situated male professors and then refused to correct the disparity after she sought a salary adjustment.

Complaint attached | Read full article » | Save to favorites »

Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week handled disputes involving controlling stockholders, executive compensation, take-private transactions, books and records demands and board governance, while the Delaware Supreme Court issued decisions in two corporate records cases previously decided in the Chancery.

Read full article » | Save to favorites »

Brief

Auto Repair Co. To Pay $750K To End 401(k) Forfeiture Suit

By Grace Elletson

An auto repair chain will pay $750,000 to close a suit claiming it used forfeited funds in its retirement plan for its own benefit by paying down contribution costs instead of plan management fees that ate away at workers' savings, according to a Texas federal court filing.

Motion attached | Read full article » | Save to favorites »

Paul Hastings Hires ERISA Benefits Partner In New York

By Jack Rodgers

Paul Hastings LLP has hired a former White & Case LLP partner to join the firm in New York, who focuses her practice on compensation and benefits issues and the Employee Retirement Income Security Act of 1974, the firm announced Monday.

Read full article » | Save to favorites »

Takeaways From 1st Del. Ruling Applying Moelis Amendments

Delaware corporations should carefully review contractual arrangements and governance documents following the Court of Chancery's recent enforcement of a non-Delaware forum selection clause in a CEO's employment agreement under 2024 amendments to the state's General Corporation Law, say attorneys at Morgan Lewis.

Opinion attached | Read full article » | Save to favorites »

Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

Read full article » | Save to favorites »

Trump Nominates Just Confirmed La. Judge For 5th Circ.

By Courtney Bublé

Judge Anna St. John has been on the federal bench for less than four months, and now she's being elevated to a higher court.

Read full article » | Save to favorites »

High Court Scraps Caps On Coordinated Campaign Spending

By Katie Buehler and Jeff Overley

The U.S. Supreme Court on Tuesday struck down federal limits on political party spending in coordination with individual candidates, agreeing with a Republican-led challenge that the caps violate the First Amendment.

Opinion attached | Read full article » | Save to favorites »

Gordon Rees Adds 8 Partners In Northern California

By Tracey Read

Gordon Rees Scully Mansukhani LLP has expanded its offices in Northern California with eight new partners who have expertise in multiple practice areas, a firm spokesperson told Law360 Pulse on Tuesday.

Read full article » | Save to favorites »

NY State Bar Wants New Bar Exam Rules For Emergencies

By Kevin Penton

Following two recent incidents that drew scrutiny over their handling, the New York State Bar Association is calling for new standardized protocols to be followed should emergencies occur during the administration of the bar exam.

Report attached | Read full article » | Save to favorites »

NC City Beats Ex-Paralegal's Besmirched Reputation Suit

By Hayley Fowler

A North Carolina city's characterization of how a fired paralegal allegedly misused city resources is not enough to sustain her suit accusing the city of trampling on her reputation and using her as a scapegoat for her boss's misdeeds, a federal judge said in throwing out the case.

Order attached | Read full article » | Save to favorites »

Uber, FedEx Slam Pa. Law Firm Counterclaims In RICO Suit

By James Boyle

Philadelphia-based personal injury firm Simon & Simon PC and its founder have failed to support a counterclaim in Pennsylvania federal court saying Uber Technologies Inc. and FedEx Corp. filed a sham litigation and abused the legal process with their ongoing RICO complaint against the firm, the companies argued Monday.

Motion attached | Read full article » | Save to favorites »

Buchalter Real Estate Partner Joins Holland & Knight In LA

By Adrian Cruz

Holland & Knight LLP announced that an experienced real estate finance attorney who most recently practiced at Buchalter PC has joined the firm's Los Angeles office as a partner.

Read full article » | Save to favorites »

Office Snapshot: Hogan Lovells Set To Reclaim Turf In Boston

By Chris Villani

Amid Hogan Lovells' rapid growth in multiple practice areas and ahead of its merger with Cadwalader Wickersham & Taft LLP, the firm has expanded its downtown Boston office to include space for more than a dozen additional attorneys.

Read full article » | Save to favorites »

NJ Assembly Passes Litigation Funding Disclosure Bill

By Jake Maher

The New Jersey Assembly passed a bill requiring the disclosure of third-party litigation funding arrangements on Tuesday by an overwhelming margin after similar pending legislation in the state Senate received pushback from trial lawyers and litigation finance representatives.

Read full article » | Save to favorites »