A Pennsylvania federal judge on Thursday dismissed a suit against Cigna, Evernorth and Express Scripts from Pennsylvania pharmacy customers who alleged injury because the companies designated their community pharmacy as out-of-network, holding state-law claims were preempted by federal benefits law but allowing another chance at re-pleading.
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TOP NEWS

Cigna Wins Dismissal Of Pa. In-Network Pharmacy Suit

By Kellie Mejdrich

A Pennsylvania federal judge on Thursday dismissed a suit against Cigna, Evernorth and Express Scripts from Pennsylvania pharmacy customers who alleged injury because the companies designated their community pharmacy as out-of-network, holding state-law claims were preempted by federal benefits law but allowing another chance at re-pleading.

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John Deere Says Severance Program Isn't ERISA Plan

By MJ Koo

John Deere has moved in Illinois federal court to dismiss former employees' claims that its severance program is governed by federal retirement law, arguing that the program's one-time lump sum payments require no ongoing administration. 

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Judge OKs $35M Teva Deal In Delayed Generic Inhalers Suit

By Carolyn Muyskens

A Massachusetts federal judge has approved an antitrust settlement that will see Teva Pharmaceuticals pay $35 million to resolve claims that it schemed to delay generic competition for its QVAR asthma inhalers.

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ENFORCEMENT & COMPLIANCE

Tax Prep Biz Owner Gets 30 Months For $5M Refund Scheme

By Zak Kostro

A Las Vegas tax preparation business owner was sentenced to 30 months in prison for conspiring to defraud the U.S. government by filing false tax returns and diverting portions of the resulting refunds to herself and an employee, the U.S. Justice Department said.

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LITIGATION

Colo. Panel Says Ex-Commissioner Must Pay Own Atty Fees

By Rachel Konieczny

A former Colorado county commissioner must pay the nearly $6,000 she incurred in attorney fees for defending herself against county-triggered misconduct investigations, the Colorado Court of Appeals affirmed Thursday.

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EXPERT ANALYSIS

Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

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Series

Being A Sommelier Makes Me A Better Lawyer

Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

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LEGAL INDUSTRY

How Does In-House Pay Compare? Take The Law360 Survey

How do in-house salaries vary across industries, roles, and organizational revenue? What compensation tools are companies using to lure top talent? Help Law360 Pulse answer these questions and more in this year's In-House Compensation Survey.

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No Simpson Thacher Malpractice In PIPE Case, Jury Finds

By Madison Arnold

Simpson Thacher & Bartlett LLP escaped a malpractice lawsuit late Thursday over its representation of Patriot National Inc. in a private investment in public equity transaction in the years before the company's downfall.

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Dems Slam Skadden's 'Nothing To See Here' Trump Deal Reply

By Hailey Konnath

Three Democratic lawmakers on Thursday criticized Skadden Arps Slate Meagher & Flom LLP's response to their request that the firm disclose details of its pro bono arrangement with the Trump administration, saying the firm's "three sentence letter essentially saying 'nothing to see here'" is "not going to cut it."

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New ABA Chief Seeks To 'Streamline' Org., Defend Democracy

By Emily Sawicki

The American Bar Association's new president, Barbara J. Howard, will focus on twin goals of defending democracy against expected unprecedented attacks associated with this year's midterm elections, while also reorganizing the association to run more efficiently, as she kicks off her one-year term this month.

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Richards Layton Under Fire Amid Bid To Avoid AI Sanctions

By Rose Krebs

A firm has asked a Delaware vice chancellor to allow it to submit more "factual information" regarding what it says are inconsistencies in Richards Layton & Finger PA's attempt to avoid sanctions for submitting a filing with errors generated by artificial intelligence.

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Analysis

The Dramatic Moments Set To Shape Tom Goldstein's Appeal

By Jeff Overley and Jared Foretek

Prurient revelations, brash recriminations and purportedly glaring judicial errors in Tom Goldstein's criminal case have captivated the appellate bar for nearly 19 months, and many of those moments will be center stage in the star attorney's imminent appeal.

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2nd Circ. Says Pillsbury Must Surrender $3.6M Retainer

By Jessica Corso

Pillsbury Winthrop Shaw Pittman LLP was ordered on Thursday to hand over a $3.6 million retainer it was paid to defend a client against criminal and civil fraud charges, with the Second Circuit upholding a ruling that the funds were part of an asset freeze order issued in a U.S. Securities and Exchange Commission case.

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Ex-GC Hijacked Accounts And Posted Klan Imagery, Suit Says

By Ben Adlin

A Washington state court granted a temporary restraining order Wednesday in a school fundraising company's lawsuit accusing its former general counsel of taking control of its social media accounts and allegedly replacing its LinkedIn photo with a manipulated image of its president in a Ku Klux Klan robe.

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Ex-Girardi Atty Gets Probation For Keeping Silent On Theft

By Lauraann Wood

A former Girardi Keese attorney was sentenced to one day time-served and two years of probation Thursday for staying quiet and failing to report disgraced plaintiff's attorney Tom Girardi's theft of millions of settlement dollars owed to Lion Air Flight 620 plane crash victims.

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Wash. Justices Offer Bar Waiver After July Exam Tech Failure

By Rachel Riley

The Washington State Supreme Court said Thursday it's offering to waive the bar exam requirement for first-time applicants who were unable to take the test last week due to an abrupt cancellation driven by technical issues at the Yakima Convention Center where it was scheduled to be administered.   

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LAW FIRMS IN TODAY'S NEWS

Anderson Kill

Ashurst Perkins

Benesch

Berman Tabacco

Brownstein Hyatt

Burke LLP

Burns Charest

Cairncross & Hempelmann

Conrad & Scherer

Crowell & Moring

Girardi & Keese

Glancy Prongay

HSF Kramer

Hall Estill

Hilliard Shadowen

Hughes Hubbard

Husch Blackwell

Jenner & Block

Kirkland & Ellis

Morrison Cohen

Nobles & Yanez

O'Brien & Marquard

Paul Hastings

Pillsbury Winthrop

Richards Layton

Rupp Pfalzgraf

Scanlon & Wojton

Seila Law

Simpson Thacher & Bartlett

Skadden Arps

Sperling Kenny

Stearns Weaver

Steyer Lowenthal

Susman Godfrey

Werksman Jackson

Wiggin & Dana

Williams & Connolly

WilmerHale

COMPANIES IN TODAY'S NEWS

American Bar Association

Amneal Pharmaceuticals Inc.

Deere & Co.

Evernorth Health Services

Executive Health Resources Inc.

Express Scripts Holding Co.

Google LLC

Hard Yaka Inc.

Intel Corp.

LinkedIn Corp.

Patriot National Inc.

Public Co. Accounting Oversight Board

Teva Pharmaceutical Industries Ltd.

The Boeing Co.

The Cigna Group

Vimeo Inc.

Washington State Bar Association

Yelp Inc.

YouTube Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Colorado Supreme Court

Consumer Financial Protection Bureau

Delaware Court of Chancery

Federal Trade Commission

Food and Drug Administration

Internal Revenue Service

U.S. Attorney's Office for the District of Nevada

U.S. Attorney's Office for the Northern District of Illinois

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Commerce

U.S. Department of Justice

U.S. District Court for the Central District of Illinois

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the District of Massachusetts

U.S. District Court for the Middle District of Florida

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

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

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of Nevada