A Tennessee federal judge Thursday refused to toss a proposed class action alleging that FedEx pensioners' benefits were shortchanged due to outdated mortality assumptions used to convert their single life annuity benefits into joint-and-survivor form, holding claims were sufficiently backed up to reach discovery.
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TOP NEWS

FedEx Can't Escape Mortality Data Fight 6th Circ. Revived

By Kellie Mejdrich

A Tennessee federal judge Thursday refused to toss a proposed class action alleging that FedEx pensioners' benefits were shortchanged due to outdated mortality assumptions used to convert their single life annuity benefits into joint-and-survivor form, holding claims were sufficiently backed up to reach discovery.

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Union Can't Arbitrate Quarrel Over Kraft Retiree Benefits

By Grace Elletson

A Delaware federal judge blocked a Teamsters union from arbitrating claims that the Kraft Heinz Company improperly withheld health benefits from retirees, ruling the parties' collective bargaining agreement makes clear that the dispute must be resolved through different means.

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Trump Admin Urges High Court To Curb APA Rule Vacatur

By Jared Foretek

The Trump administration is asking the U.S. Supreme Court to decide whether the Administrative Procedure Act allows federal judges to universally vacate agency rules in what could be a major test of the judiciary's authority to check executive agency power.

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Optum Sued Over 'Junk Fees' For Online COBRA Payments

By Gina Kim

Optum Financial on Wednesday was hit with a proposed class action in California federal court alleging it tacks on sham, unavoidable $20 "junk fees" when customers pay online for healthcare benefits administered through COBRA, which they don't know about until checkout. 

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LITIGATION

Audiologists Sue RFK Jr. Over Medicare Opt-Out Exclusion

By Gina Kim

Audiologists have sued U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. in Texas federal court over a Medicare rule categorically barring them from accepting out-of-pocket payment for treatment services, arguing that violates the due process and equal protection clauses of the U.S. Constitution.

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OptumHealth Can't Get Out Of PBM Cases In Opioid MDL

By Gianna Ferrarin

The healthcare delivery arm of UnitedHealth Group's Optum division can't escape bellwether cases alleging pharmacy benefit managers contributed to the opioid epidemic, an Ohio federal judge ruled Thursday, finding a recent Sixth Circuit decision didn't alter the court's jurisdiction over related state-law claims.

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Estée Lauder's $210M Investor Settlement Wins Final OK

By Sydney Price

The Estée Lauder Cos. Inc. and its investors have received final approval of their $210 million deal, which includes $63 million in attorney fees, resolving proposed class claims that the cosmetics company and its top brass announced unrealistic expectations for growth amid the ongoing effect of the COVID-19 pandemic on the business.

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EXPERT ANALYSIS

What CMS Audit Rule Means For Medicare Advantage Plans

Despite ongoing legal challenges, the Centers for Medicare & Medicaid Services is moving forward with implementation of its risk adjustment data validation audits, raising statistical concerns around overpayments indicated by variance in unbalanced samples, say Stephen Fink, Brad Rice and Igor Karagodsky at Analysis Group.

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LEGAL INDUSTRY

Mayer Brown Lands 2 Sheppard FDA Partners

By Tracey Read

Mayer Brown LLP has bolstered its life sciences capabilities with two former Sheppard partners, including that firm's former U.S. Food and Drug Administration practice leader.

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Greenberg Traurig Hires Sidley Private Funds Atty In Chicago

By Jack Rodgers

Greenberg Traurig LLP has hired a former Sidley Austin LLP counsel, who spent nearly a decade before her last law firm position working with Balyasny Asset Management in a range of related legal roles, the firm recently announced.

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Analysis

Expect These Post-Midterm Probes If The Hill Changes Hands

By Phillip Bantz

The top investigative priorities of a potentially Democratic-controlled Congress are coming into sharper focus with the midterms weeks away and could impact an array of companies and individuals in technology, finance and energy, experts say.

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White & Case Taps 47 Partners In Largest US Class Since 2022

By Ashish Sareen

White & Case LLP has elevated 47 lawyers to its partnership, its largest promotion round since a record 59 lawyers became partners at the start of 2022.

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Law360's Legal Lions Of The Week

By Kevin Penton

Schlichter Bogard LLC leads this week's edition of Law360 Legal Lions, after the full Eleventh Circuit overturned decades-old precedent that took a strict view of when federal benefits law claims could be brought in court.

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Dems Press Kirkland Again For Details Of $125M Trump Deal

By Courtney Bublé

A trio of congressional Democrats once again accused Kirkland & Ellis LLP of subverting their oversight requests into the $125 million deal the firm cut with the Trump administration last year.

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Ex-Legal Tech Co. Exec Says Pregnancy Got Her Fired

By George Woolston

A legal technology company abruptly fired its director of partnerships after it learned she was pregnant, and has since withheld a nearly $40,000 bonus, according to a lawsuit lodged in New Jersey state court.

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Google Users' $85M Fee Ask Stalls Over 'Utterly Lacking' Bill

By Dorothy Atkins

A California federal judge on Thursday rejected an $85 million attorney fee request following a $700 million settlement in a consumer-led case against Google, ruling that counsel's submitted billing records are "utterly lacking in information demonstrating what work was done and for what purpose," while granting leave to amend the request.

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Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

The top investigative priorities of a potentially Democratic-controlled Congress are coming into sharper focus with the midterms just weeks away and could impact companies in various sectors. In the meantime, one BigLaw firm formed a board to oversee the use of artificial intelligence and evaluate proposals from its practice groups and sectors. These are some of the stories in corporate legal news you may have missed in the past week.

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Monopoly Allegations Test ABA's Role In Legal Education

By Emma Cueto

The American Bar Association is facing mounting claims that the council responsible for law school accreditation acts as a monopoly, an accusation levied amid a broader, politicized battle over the future of legal education.

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Brief

Cooley Reportedly Matches Milbank Pay Scale Starting In '27

By Matt Perez

Cooley LLP will reportedly increase U.S. associate base compensation in line with the pay scale set by Milbank LLP in June beginning on Jan. 1.

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Could A Criminal Sentencing Case Upend Loper Bright?

By Katie Buehler

U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

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Survey Of Ill. Attys Reveals Mental Health Struggles, Stigma

By Celeste Bott

A survey of nearly 7,000 Illinois lawyers found roughly 20% rated their mental health as fair or poor, according to an Illinois Supreme Court commission report documenting the toll of workplace stress on the states' attorneys and judges, their alcohol and drug use, and barriers to getting them care.

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Balancing The Scales: Criminal Appeals, Sentencing Rules

By Orlando Lorenzo

The Second Circuit has been ordered to take another look at a murder-for-hire conviction in light of the high court's new miscarriage-of-justice exception for criminal appeal waivers, and the top courts in Pennsylvania and Michigan will look at the retroactivity of new sentencing rules. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

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LAW FIRMS IN TODAY'S NEWS

Abato Rubenstein

Alston & Bird

Bartlit Beck

Brach Eichler

Cleary Gottlieb

Cooley LLP

Dann Law Firm

Debevoise & Plimpton

Farrell & Fuller

Foley & Lardner

Freshfields

Friedland Cianfrani

Friedman Kaplan

Gibson Dunn

Gordon Rees

Greenberg Traurig

Hogan Lovells

Izard Kindall

Johnson & Bennett

Jones Day

Kaliel Gold

Kaplan Fox

Kellogg Hansen

Kirkland & Ellis

Kline & Specter

Labaton Keller

Latham & Watkins

Levenfeld Pearlstein

Locks Law Firm

Loeb & Loeb

Lowell & Associates

Mayer Brown

Meltzer Lippe

Milbank LLP

Morgan Lewis

Motley Rice

Munger Tolles

Nelson Mullins

O'Donoghue & O'Donoghue

Paul Hastings

Paul Weiss

Pearson Warshaw

Pillsbury Winthrop

Porzio Bromberg

Reese Marketos

Robbins LLP

Schlichter Bogard

Sidley Austin

Simmons Hanly

Smith Katzenstein

Spangenberg Shibley

Sullivan & Cromwell

Susman Godfrey

VanOverbeke Michaud

Venable LLP

Waters Kraus

White & Case

WilmerHale

Zimmerman Law Offices PC

COMPANIES IN TODAY'S NEWS

AT&T Inc.

Above the Law

Academy of Doctors of Audiology

Adani Enterprises Ltd.

Aetna Inc.

Ameriben Solutions Inc.

American Bar Association

Analysis Group Inc.

Apple Inc.

Association of Corporate Counsel

Balyasny Asset Management LP

Binance Holdings Ltd.

Cantor Fitzgerald LP

Comcast Corp.

Epic Games Inc.

Express Scripts Holding Co.

Exxon Mobil Corp.

FedEx Corp.

George Washington University

Google LLC

Humana Inc.

Instagram Inc.

International Brotherhood of Teamsters

Kaiser Permanente

Linqto Inc.

Match Group LLC

Meta Platforms Inc.

Mitsui & Co. Ltd.

New Civil Liberties Alliance

OpenAI OpCo LLC

Optimum

Optum Inc.

OptumRx Inc.

Otsuka Holdings Co. Ltd.

Pacific Legal Foundation

Penske Automotive Group Inc.

Porzio Life Sciences LLC

Purdue Pharma LP

Skydance Media LLC

Space Exploration Technologies Corp.

Texas Medical Association

The Cigna Group

The Estee Lauder Cos. Inc.

The Kraft Heinz Co.

The Walt Disney Co.

Trivest Partners LP

Trump Organization Inc.

U.S. Chamber of Commerce

USA Rare Earth Inc.

UnitedHealth Group Inc.

Warner Bros. Discovery Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Medicare & Medicaid Services

Commodity Futures Trading Commission

Federal Trade Commission

Food and Drug Administration

House Committee on Natural Resources

Illinois Attorney Registration and Disciplinary Commission

Illinois Supreme Court

Internal Revenue Service

Michigan Supreme Court

National Labor Relations Board

New Jersey Court

Ohio Supreme Court

Pennsylvania Supreme Court

Texas Attorney General's Office

Texas Supreme Court

U.S. Attorney's Office

U.S. Court of Appeals for the Fifth Circuit

U.S. Customs and Border Protection

U.S. Department of Education

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. District Court for the District of Delaware

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

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

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

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

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

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

U.S. Immigration and Customs Enforcement

U.S. Office of Government Ethics

U.S. Securities and Exchange Commission

U.S. Sentencing Commission

U.S. Supreme Court

United States District Court for the Northern District of Ohio