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Thursday refused to toss a proposed class action alleging that FedEx pensioners' benefits were shortchanged due to outdated mortality assumptions used to convert their single life annuity benefits into joint-and-survivor form, holding claims were sufficiently backed up to reach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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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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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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Cyber Incident Halts Bankruptcy Court Noticing Nationwide

By Hilary Russ

The nationwide system for providing notice to creditors in bankruptcy cases has been disrupted by a cybersecurity incident, and it is not currently known when the outage will end.

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Analysis

Missouri AG Alumni Make Their Mark In Trump 2.0

By Courtney Bublé

Missouri is hundreds of miles from Washington, D.C., but the legal community of the Show-Me State has taken a significant hold in the second Trump administration.

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Norton Rose Beats $100M Suit Over Withdrawn Patent App

By Celeste Bott

Norton Rose Fulbright has defeated a former client's malpractice suit over a missed patent fee payment, after an Illinois state judge ruled that the deadline to sue began before the firm allegedly acknowledged its mistake and dismissed the company's $100 million lawsuit against the firm with prejudice.

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Murdaugh Tells 4th Circ. To Revive Jury Tampering Civil Suit

By Cara Salvatore

Disgraced lawyer Alex Murdaugh asked the Fourth Circuit on Thursday to revive his suit accusing a court clerk of interfering in his murder trial, arguing he has standing because the alleged tampering "destroyed the value" of his $600,000 defense.

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Judge Who Called For Philly DA Probe Rejects Recusal Bid

By Matthew Santoni

A federal judge who called for an investigation of the Philadelphia District Attorney's Office will not reconsider or recuse himself from the underlying habeas corpus case, calling DA Larry Krasner's bid to undo his rulings "frivolous" and "intemperate."

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Crowell Faces DQ Bid Over AI Tool At Heart Of Client's IP Suit

By Dorothy Atkins

DeviantArt urged a California federal judge Wednesday to disqualify Crowell & Moring LLP from representing Evox Productions in litigation alleging multiple AI companies used Evox's copyrighted car photos to train artificial-intelligence image generators, arguing the firm "unquestionably" represented DeviantArt and has "sued its own client on behalf of another client."

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Gov't Urges Justices To Reject Google, Intel Fight Over Fintiv

By Adam Lidgett

The U.S. Patent and Trademark Office has urged the U.S. Supreme Court to reject Intel Corp. and Google LLC's challenge to a precedent allowing Patent Trial and Appeal Board petitions to be denied based on related litigation.

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Would-Be Kavanaugh Assassin Slams Feds' Skewed Facts

By Lauren Berg

A woman accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh told the Fourth Circuit that federal prosecutors have presented a "wildly inaccurate description" of a Maryland federal judge's sentencing decision, rejecting their argument that she got off too easy because of her gender identity.

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NYC Sanctuary Policies Survive Trump Admin. Lawsuit

By Rae Ann Varona

A New York federal judge on Thursday tossed the Trump administration's lawsuit challenging New York City policies that the administration alleged unconstitutionally obstruct federal immigration enforcement, saying federal law the administration leaned on does not preempt the sanctuary provisions.

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