The U.S. Supreme Court appeared likely Tuesday to affirm a Ninth Circuit decision ending a federal benefits dispute against Intel Corp. from ex-workers who alleged that underperforming 401(k) funds breached fiduciary duties, as multiple justices indicated support for requiring that claims predicated on underperformance include meaningful comparisons.
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Justices Seem To Support End To Intel 401(k) Fund Suit

By Kellie Mejdrich

The U.S. Supreme Court appeared likely Tuesday to affirm a Ninth Circuit decision ending a federal benefits dispute against Intel Corp. from ex-workers who alleged that underperforming 401(k) funds breached fiduciary duties, as multiple justices indicated support for requiring that claims predicated on underperformance include meaningful comparisons.

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Texas Senior Care Facility Ends DOJ Military Bias Suit

By Patrick Hoff

A Texas memory care facility agreed to settle a lawsuit alleging it fired an employee after trying to demote her for taking military leave, the U.S. Department of Justice said.

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Health System Beats Suit Over Retirement Benefit Shortfall

By Grace Elletson

An Ohio federal judge tossed a suit from a retiree who claimed a hospital system stiffed him on $40,000 in retirement benefits by failing to warn him that an upcoming interest rate spike would reduce his lump sum payout, ruling his claims aren't viable under federal benefits law.

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Wells Fargo Hit With Target-Date 401(k) Fund, Fee Suit

By Kellie Mejdrich

Workers hit banking giant Wells Fargo with a proposed class action in Minnesota federal court alleging that underperforming and costly funds in their 401(k) plan breached fiduciary duties of prudence under federal benefits law, causing at least $1 billion in losses.

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LITIGATION

7th Circ. Told Boeing Investors Fail 'Comcast' Cert. Test

By Jessica Corso

The U.S. Chamber of Commerce is among those backing Boeing's call to the Seventh Circuit to overturn class certification in a case accusing the aerospace firm of misleading investors about the safety of its 737 Max fleet, arguing that the certification is dependent on a damages model that the U.S. Supreme Court and Fourth Circuit have rejected.

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Sprout Social Must Face Suit Over Troubled Acquisition

By Katryna Perera

An Illinois federal judge on Tuesday denied a bid from Sprout Social Inc. to dismiss a proposed investor class action alleging the social media management company missed its financial guidance and struggled to integrate an influencer marketing platform it acquired, finding the suit's challenged statements are actionable and that the claims suggest the defendants knowingly committed fraud. 

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AstraZeneca Takes Drug-Pricing Law Challenge To 4th Circ.

By Hailey Konnath

AstraZeneca on Monday asked the Fourth Circuit to resurrect its suit challenging how the Centers for Medicare & Medicaid Services determines which drugs are subject to the landmark drug-pricing program, arguing that CMS is dodging limits on how many drugs can be selected by grouping some together.

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Pension Funds Lead Securities Suit Over Zillow, Redfin Deal

By Isaac Monterose

A Washington federal judge has appointed two pension funds as lead plaintiffs in a proposed securities class action filed over an allegedly anticompetitive Zillow Group Inc. and Redfin Corp. deal and has also appointed Keller Rohrback LLP and Robbins Geller Rudman & Dowd LLP as local and lead counsel, respectively.

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NJ Judge Backs Denial Of Painting Co.'s $350K Fee Bid

By Katherine Smith

A New Jersey federal judge rejected a painting company's challenge to a magistrate judge's ruling that denied its bid for a union pension fund to cover roughly $350,000 in legal fees, finding that the magistrate judge applied the correct legal standard in his findings.

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Brief

CVS Can't Get Second Shot At Tossing Investors' AI Use Suit

By Jessica Corso

A New York federal judge on Tuesday declined to give CVS another opportunity to dismiss a lawsuit accusing it of inflating its revenues through the use of artificial intelligence. 

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LEGAL INDUSTRY

Omni Bridgeway Raises $1B For New Litigation Funding

By Ryan Boysen

Litigation funder Omni Bridgeway has raised a new $1 billion fund from mostly repeat investors, with plans to deploy the money broadly across countries and case types while avoiding debt leverage.

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Alito Explains Recusal But Says It Shouldn't Become Practice

By Katie Buehler

U.S. Supreme Court Justice Samuel Alito said this week he "reluctantly" recused himself from a dispute that could decide whether state and local government can sue Big Oil in state courts for damages related to greenhouse gas emissions, while suggesting the high court's members shouldn't make a practice of explaining their reasons for stepping away from cases.

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Justices' Docs Should Belong To Public, Gov't Watchdogs Say

By Jack Karp

Nearly two dozen government accountability groups are calling for Congress to enact a law that would make U.S. Supreme Court justices' papers government property that would someday be available to the public.

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Analysis

Uncertainty Surrounds Judge Newman's 11th Circ. Transfer

By Dani Kass

Chief Justice John Roberts' order to transfer the Federal Circuit Judicial Council's disability investigation of a suspended 99-year-old judge to another court offers the neutral evaluation the judge has long been asking for, but attorneys are concerned about the transparency of the proceeding.

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California Federal Judge Jeffrey White To Retire After 24 Years

By Bonnie Eslinger

Senior U.S. District Judge Jeffrey S. White will retire at the end of the year after nearly a quarter-century on the federal bench in Northern California.

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ABA Accreditor Leader Remembered For Passion And Intellect

By Emma Cueto

After her sudden death while leading the American Bar Association council that handles law school accreditation, Melissa Hart is being remembered as a passionate and fiercely intelligent jurist, mentor and leader who will be missed as the council navigates numerous challenges to its accreditor status.

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LAW FIRMS IN TODAY'S NEWS

Arnold & Porter

Bailey & Glasser

Bernstein Litowitz

Bleichmar Fonti

Cohen Milstein

Corr Cronin

Gibson Dunn

Gupta Wessler

Kahn Swick

Keller Rohrback

Kessler Topaz

Kirkland & Ellis

Lockridge Grindal

Orrick Herrington

Peckar & Abramson

Proskauer Rose

Robbins Geller

Rosen Law Firm PA

Saxena White

Sidley Austin

Sullivan & Cromwell

The Barton Firm LLP

Thomas Williams McConnell

Tittle & Perlmuter

Tucker Arensberg

Tucker Ellis

Wachtell Lipton

Williams & Connolly

Willkie Farr

Winston Taylor

COMPANIES IN TODAY'S NEWS

American Bar Association

Apple Inc.

AstraZeneca PLC

Bauer Inc.

Burford Capital LLC

CVS Health Corp.

Chevron Corp.

Citizens for Responsibility & Ethics in Washington

Comcast Corp.

ConocoPhillips

Consumer Watchdog

Ethiopian Airlines Enterprise

Exxon Mobil Corp.

FirstEnergy Corp.

Getty Images Holdings Inc.

Intel Corp.

Kubota Corporation

Omni Bridgeway Ltd.

Parker-Hannifin Corp.

Phillips 66

Philo Inc.

SIFMA

Suncor Energy Inc.

The Boeing Co.

The City University of New York

The State University of New York

U.S. Chamber of Commerce

Wells Fargo & Co.

Zillow Group Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Medicare & Medicaid Services

Colorado Supreme Court

Federal Trade Commission

Fish and Wildlife Service

Food and Drug Administration

U.S. Attorney's Office for the Western District of Texas

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Department of Education

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the District of Maryland

U.S. District Court for the District of Minnesota

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

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

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

U.S. District Court for the Western District of Texas

U.S. District Court for the Western District of Washington

U.S. House of Representatives

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the Northern District of Ohio