A Maryland federal judge on Tuesday refused to completely toss a Marriott worker's proposed class action alleging the hotel giant's $15 weekly health fee on employees who use tobacco violated federal benefits law, but trimmed the dispute of some claims as insufficiently backed up. 
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TOP NEWS

Marriott Gets Trim Of Worker's Tobacco Health Fee Suit

By Kellie Mejdrich

A Maryland federal judge on Tuesday refused to completely toss a Marriott worker's proposed class action alleging the hotel giant's $15 weekly health fee on employees who use tobacco violated federal benefits law, but trimmed the dispute of some claims as insufficiently backed up. 

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Prudential Beats Accidental Death Benefits Exception Suit

By Patrick Hoff

Prudential Insurance and an aviation company defeated a lawsuit alleging they unlawfully denied death benefits to the wives of two pilots who died in a 2024 plane crash, with a federal judge rejecting the widows' argument that the insurance policy's aviation exception was unenforceable.

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Brief

Alerus, Telecom Co. Settle Fight Over ESOP Sale

By Grace Elletson

A telecommunications business and employee stock ownership plan trustee Alerus Financial have agreed to settle a suit claiming workers were shortchanged in a $7.2 million sale of company shares, according to a California federal court filing.

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Ex-NFL Player Sues Disability Benefits Plan Over Denial

By Kia Fatahi

A former National Football League player who reportedly suffered brain injuries from nearly two decades of playing the sport hit the league's disability benefit plan with a lawsuit Tuesday, telling a Maryland federal judge that the plan wrongfully denied his application for total and permanent disability benefits despite his own doctor's diagnosis.

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Black & Decker Retiree Seeks Cert. In BlackRock ERISA Suit

By Gina Kim

A former Black & Decker employee who alleged the company failed to trim underperforming BlackRock investment funds from its 24,000-member retirement plan urged a Connecticut federal judge to grant class certification, arguing Monday common questions predominate over individualized issues, since the core allegations involve the defendant's administration of the plan. 

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RISING STARS

Rising Star: Holland & Knight's Monica Perkowski

By Kellie Mejdrich

Monica Perkowski of Holland & Knight LLP has excelled in defending large employers against federal benefits lawsuits, including helping secure dismissal of an employee health plan suit against GardaWorld Cash Service Inc., earning her a spot among the top benefits attorneys under age 40 honored by Law360 as Rising Stars.

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LITIGATION

Brief

Alaska Airlines Gets Initial OK For $500K Military Leave Deal

By Benjamin Morse

Alaska Airlines Inc. has agreed to pay $500,000 to settle a class action accusing it of denying vacation accrual to pilots during qualifying military leaves, according to a Washington federal judge's preliminary approval order.

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BofA Loses Bid To Exit COVID-Era Calif. Benefits Card MDL

By Lauren Berg

A California federal judge largely denied Bank of America's bid for an early win in multidistrict litigation over allegations the bank mishandled reports of unauthorized ATM transactions on unemployment benefits cards issued during the pandemic, according to an opinion unsealed Tuesday.

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Pa. Justices Find 'Loophole' For Out-Of-State Pension Credit

By Matthew Santoni

A public school teacher can claim credit in Pennsylvania's pension system for her years of service in Arizona because of an apparent "loophole" that doesn't bar such carryovers if the employee has cashed out their other state pension, the Pennsylvania Supreme Court ruled Tuesday.

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At DC Circ., Pharma's Latest Pricing Loss Has Silver Linings

By Jeff Overley

The pharmaceutical industry's far-flung crusade against Medicare's new negotiation powers suffered a fresh setback Tuesday as the D.C. Circuit joined sister circuits in upholding the landmark pricing program, but the defeat contained consolation prizes that will fuel further litigation.

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Colo. House Aide Says Dem Lawmakers Forced Her Out

By Benjamin Morse

A former Colorado House legislative aide accused three Democratic lawmakers in state court of violating her constitutional rights by retaliating against her for criticizing the handling of her medical leave and refusing to perform campaign work, creating conditions that forced her to resign.

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LEGAL INDUSTRY

Ex-Loeb & Loeb RE Pro Joins Greenberg Traurig In NYC

By Isaac Monterose

Greenberg Traurig LLP has hired former Loeb & Loeb LLP real estate partner Brian L. Helweil as a shareholder for its global real estate practice team in New York City, the firm has announced.

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SCOTUSblog Founder Goldstein Seeks Release During Appeal

By Rachel Rippetoe

SCOTUSblog founder Thomas Goldstein on Tuesday asked to be released from federal custody while he appeals his 12 tax and mortgage fraud convictions and a six-year prison sentence, saying he is not a flight risk and it would be a "grave injustice" for him to begin a sentence he believes will eventually get axed.

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Q&A

Nutter Leader Eyes Fla. Growth, AI-Driven Billing Shift

By Chris Villani

After overseeing Nutter McClennen & Fish LLP's expansion into New York City, California and Hawaii, co-managing partner Michael Scott is setting his sights on extending the firm's footprint into Florida within the next year and leveraging the power of artificial intelligence to lower clients' bills.

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Atty, Ex-Mentor Settle After Harassment, Bias Suit Dismissed

By Melanie Dorsey

An attorney whose sexual harassment and employment discrimination suit against her former mentor was thrown out last month for repeated discovery violations has reached a settlement resolving the remaining claims and counterclaims in the case.

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Atty, Son Charged In Probe Of Alleged Penn State Drug Ring

By Rose Krebs

An equity partner based in Meyer Darragh Buckler Bebenek & Eck PLLC's Pittsburgh office has been charged with tampering with evidence and obstructing an investigation in connection with an alleged cocaine ring at Penn State University that allegedly involved his son, according to news reports.

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Fed. Circ. Rejects Patent Marking Immunity For NPEs

By Dani Kass

Nonpracticing entities hoping for presuit damages can't get out of Patent Act requirements to mark products with patent information just because licensees don't believe their products infringe, the Federal Circuit held Wednesday.

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Jackson Walker Says US Trustee Can't Claw Back Legal Fees

By Clara Geoghegan

Jackson Walker said this week that the U.S. Department of Justice's bankruptcy watchdog is beyond the bounds of its authority in a yearslong effort to force the firm to return millions of dollars in legal fees over an undisclosed relationship between a former partner and a Texas bankruptcy judge.

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Ex-US Attys Protest Trump's Swift Firing Of Rogoff In Seattle

By Rachel Riley

Thirty former U.S. attorneys backed Roger Rogoff's bid for reinstatement as Seattle's top federal prosecutor after President Donald Trump fired him on the heels of his court-ordered appointment, arguing Tuesday that Trump is trying to "sidestep the Senate's advice-and-consent role and sideline the judiciary" by letting unappointed individuals play such roles.

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Sinema Says Brief Signal Chat Can't Anchor NC Affair Suit

By Hayley Fowler

A single exchange on the encrypted messaging app Signal became the focal point of former Arizona U.S. Sen. Kyrsten Sinema's testimony on Wednesday as she sought to convince a North Carolina federal judge that she cannot be hauled into court in the Tar Heel state over an affair — which she declined to characterize as a "passionate" romance — she had with her married security guard.

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Polsinelli Can't Rep Doctor In 'Bad Faith' IP Suits, Cos. Say

By Lauren Berg

Two medical device companies suing Polsinelli PC and its longtime client, a patent-holding doctor, for allegedly pursuing "bad faith" infringement claims asked federal courts in Tennessee and Mississippi to disqualify the firm from defending the doctor in the lawsuits, citing their "diverging interests and liabilities."

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Davis Wright Vets Scolded: Don't Tell Foes 'How To Run Firm'

By Jeff Overley

Davis Wright Tremaine LLP veterans have failed to dodge six-figure sanctions in a prominent discovery donnybrook, and a California magistrate judge added invective to the financial injury, lambasting "troubling" omissions in case citations and heavy-handed "nitpicking" akin to commandeering an adversary's law firm.

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USPTO Says Patent Atty's Suit Shouldn't Stop Discipline Case

By Theresa Schliep

The U.S. Patent and Trademark Office has said an Ohio federal court shouldn't pause professional discipline proceedings against an attorney while he sues the agency, saying he's likely to fail with his suit challenging the fact that a judge from another agency is overseeing his discipline case.

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LAW FIRMS IN TODAY'S NEWS

Altshuler Berzon

Ashurst Perkins

Brennan Manna

Carmody Torrance Sandak & Hennessey LLP

Cooley LLP

Cotchett Pitre

Davis Wright Tremaine

EchardMarquette

Egerton McAfee

Finnegan

Goodwin Procter

Greenberg Traurig

HKM Employment Attorneys

Hogan Lovells

Holland & Knight

Hughes Hubbard

Jenner & Block

Jones Day

Keller Rohrback

Kienbaum Hardy

Law Office of Liz Freeman

Loeb & Loeb

McCabe & Ali

Meyer Darragh

Meyers Nave

Miller Shah

Munger Tolles

Nixon Peabody

Norton Rose

Nutter McClennen

O'Hagan Meyer

O'Melveny & Myers

Olsman MacKenzie

Phelps Dunbar

Polsinelli PC

Poyner Spruill

Ramey LLP

Rosing Pott

Rusty Hardin

Scott & Corley

Seyfarth Shaw

Siri & Glimstad

Smith Krivoshey

Stonebarger Law

Temperance Legal Group

Van Camp Meacham

Williams Mullen

COMPANIES IN TODAY'S NEWS

APC

Alerus Financial NA

American Bar Association

Baltimore Ravens Inc.

Bank of America Corp.

BlackRock Inc.

GardaWorld Security Corp.

HCA Healthcare Inc.

LinkedIn Corp.

Marriott International Inc.

Meta Platforms Inc.

NFL Enterprises LLC

National Football League Players Association

Prudential Financial Inc.

Stanley Black & Decker Inc.

Temple University

Teva Pharmaceutical Industries Ltd.

Volkswagen AG

GOVERNMENT AGENCIES IN TODAY'S NEWS

Executive Office of the President

Federal Trade Commission

Internal Revenue Service

Pennsylvania Attorney General's Office

Pennsylvania Supreme Court

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

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Department of Health and Human Services

U.S. Department of Housing and Urban Development

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

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

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Maryland

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of Minnesota

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

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

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

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

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 California

U.S. District Court for the Southern District of Mississippi

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

U.S. House of Representatives

U.S. Patent and Trademark Office

U.S. Senate

U.S. Supreme Court

United States District Court for the Northern District of Ohio