In a precedential opinion dealing with an issue of first impression, the Third Circuit on Wednesday held that the Employee Retirement Income Security Act preempts a doctor's defamation claim against Cigna because the statements stemmed from the administration of his patients' health plans.
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TOP NEWS

Doc's Defamation Claim Against Cigna Barred By ERISA

By P.J. D'Annunzio

In a precedential opinion dealing with an issue of first impression, the Third Circuit on Wednesday held that the Employee Retirement Income Security Act preempts a doctor's defamation claim against Cigna because the statements stemmed from the administration of his patients' health plans.

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Wells Fargo Forfeiture Suit Falls Short Again

By Kellie Mejdrich

A Minnesota federal judge tossed a proposed class action against Wells Fargo alleging the bank misspent 401(k) forfeitures, holding on Wednesday for a second time that the ex-worker who sued lacked standing to bring his claims.

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Waffle House Tobacco Fees Violate Benefits Law, Worker Says

By MJ Koo

Waffle House was sued by a former server who alleges the restaurant chain collected an unlawful tobacco surcharge from employees enrolled in its health plan without offering a compliant wellness program or properly notifying workers of how to avoid the fee.

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Avangrid Workers Say Bad Fund Cost Them Up To $124M

By Brian Steele

An Avangrid unit's retention of an underperforming T. Rowe Price 401(k) fund has cost workers at least $45 million since 2020, and that figure is only expected to climb, according to an ERISA lawsuit in Connecticut federal court.

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ENFORCEMENT & COMPLIANCE

Florida AG Opens Probe Over CVS' Ownership Of Caremark

By Matthew Perlman

Florida state enforcers are investigating CVS Corp. over concerns that its ownership of the pharmacy benefits manager Caremark allows it to steer patients to its own retail pharmacies while taking steps to hinder independent rivals.

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LITIGATION

11th Circ. Says Late Charge Dooms Sedgwick Age Bias Suit

By Grace Elletson

The Eleventh Circuit backed benefits administrator Sedgwick's win on Wednesday in a former worker's age bias suit alleging the company unfairly criticized her performance and fired her, ruling her case fell flat because she filed her presuit bias charge with the U.S. Equal Employment Opportunity Commission too late.

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PEOPLE

Brief

Latham Hires Exec Compensation Pro From Ropes & Gray

By Andrea Keckley

Latham & Watkins LLP announced that it has hired a Ropes & Gray LLP attorney in New York, marking the second addition to its executive compensation, employment and benefits practice in the past month.

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EXPERT ANALYSIS

New Timeline For Benefits Cases May Increase FCA Litigation

Recent reforms designed to speed enforcers’ intervention decisions in False Claims Act suits involving state-administered benefits will likely encourage more qui tam relators to litigate cases without the government’s imprimatur, and increase defendants’ discovery burdens, defense costs and business disruptions, say attorneys at Morgan Lewis.

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Why Highly Specialized Experts May Risk Exclusion At Trial

Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

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LEGAL INDUSTRY

Groombridge Wu Tops Milbank Pay Scale For Associates

By Kevin Penton

Groombridge Wu Baughman & Stone LLP is the latest firm to top the pay scale for associates announced earlier this month by Milbank LLP, with attorneys set to earn as much as $470,000.

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Senate Confirming Judges Faster Than In Trump's 1st Term

By Courtney Bublé

The Senate has confirmed 45 judges in the second Trump term, outpacing the rate of his first administration, Senate Republicans announced on Thursday.

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Attys Urged To Challenge Clients Who Demand AI Research

By Aaron Keller

A Connecticut federal judge urged attorneys during a Thursday sanctions hearing to push back against clients who demand lawyers use generative artificial intelligence tools to conduct legal research, saying the technology is no substitute for professional judgment and discretion because it "aims to please" and can misstate the law.

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Lack Of Evidence Sinks Insurance Fraud Case, Atty Says

By Emily Sawicki

A Louisiana law firm and lawyer found guilty of criminal conspiracy and wire fraud for staging vehicle crashes as part of a scheme to defraud insurance carriers and trucking companies are seeking acquittal or a new trial, arguing that federal prosecutors failed to support their claims with evidence.

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SCOTUSblog Founder Goldstein Blasts 'Inflated' DOJ Tax Math

By Jared Foretek

Convicted SCOTUSblog founder Tom Goldstein and federal prosecutors are clashing again over their dramatically divergent sentencing recommendations, with the defense accusing the government of presenting a "one-dimensional caricature" of the famed lawyer in seeking an eight-year sentence, and prosecutors accusing him of potentially deleting "secret chats" with his gambling backers.

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Feds Say Would-Be Kavanaugh Assassin Was Let Off Easy

By Nadia Dreid

Both federal prosecutors and a Stephen Miller-founded public interest group believe that a Maryland federal judge let a woman accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh off too easy because of her gender identity and want the Fourth Circuit to order resentencing.

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Quinn Emanuel Says 3M Fee Proposal Undervalues Its Work

By Carolina Bolado

Quinn Emanuel Urquhart & Sullivan LLP has objected to a special master's recommendation on the allocation of common benefit fees in the $6 billion settlement that ended multidistrict litigation against 3M over allegedly faulty combat earplugs, saying the amount doesn't value the "length, extent and impact" of the firm's work.

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LAW FIRMS IN TODAY'S NEWS

Aylstock Witkin

Bailey Cowan

Berchem Moses

Bowman & Brooke

Clark Love & Hutson

Cooley LLP

Cravath Swaine

Desmarais LLP

Faegre Drinker

Gordon Rees

Groombridge Wu

Haffner Law PC

Hailey McNamara

Hunton Andrews

Kellogg Hansen

Kim Vaughan Lerner

Laminack Pirtle

Latham & Watkins

McCarter & English

Messa Law

Milbank LLP

Milberg PLLC

Moore Hill & Westmoreland

Morgan Lewis

Motta Law

Munger Tolles

Nolan Thompson

Proskauer Rose

Quinn Emanuel

Ropes & Gray

Seeger Weiss

Siri & Glimstad

Spero Law LLC

Stone LLP

Susman Godfrey

Thomas Combs

Wachtell Lipton

COMPANIES IN TODAY'S NEWS

3M Co.

Aetna Inc.

Avangrid Inc.

CVS Health Corp.

Express Scripts Holding Co.

FTI Consulting Inc.

HCR ManorCare Inc.

Iberdrola SA

Kubota Corporation

Optum Inc.

Sedgwick Claims Management Services Inc.

T. Rowe Price Group Inc.

The Cigna Group

UnitedHealth Group Inc.

Waffle House Inc.

Wells Fargo & Co.

GOVERNMENT AGENCIES IN TODAY'S NEWS

City and County of San Francisco, California

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Reserve System

Federal Trade Commission

Internal Revenue Service

U.S. Army

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

U.S. Attorney's Office for the Eastern District of Louisiana

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

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

U.S. District Court for the District of Arizona

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 Minnesota

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

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

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

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

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

U.S. Supreme Court

United States District Court for the Northern District of Ohio