Eyewear Co. Escapes Lawsuit Over 401(k) Stable Value Fund

By Patrick Hoff

An eyewear company defeated a proposed class action alleging it cost employees millions of dollars in retirement savings by keeping an underperforming stable value fund in its 401(k) plan, with a Texas federal judge ruling plan participants hadn't identified a comparable fund that performed better.

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Radiology Co. Strikes Deal In ESOP Fight Ahead Of Trial

By Grace Elletson

Radiology company Envision and its trustee have settled a class action claiming they brokered an inflated $163.7 million stock sale to the business' employee stock ownership plan, staving off a bench trial that was days away from kicking off, according to a Colorado federal court filing.

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Heitman Settles Suit Over Ex-Worker's $1.4M Plan Payout

By Kellie Mejdrich

Real estate investment firm Heitman and the estate of a former employee who died have agreed to settle a $1.4 million benefits dispute over the proceeds of her retirement account, the parties told a Massachusetts federal judge Monday.

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Workers Say Hard Rock's Tobacco Health Fee Violated ERISA

By Kellie Mejdrich

Current and former employees of Hard Rock sued the restaurant, hotel and casino company in Florida federal court, alleging the company's $15 weekly surcharge on the health plans of workers who used tobacco violated federal benefits law.

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Conn. Justice Insists PTSD A 'Physical' Injury In Comp Case

By Brian Steele

A Connecticut Supreme Court justice told counsel for the town of East Hartford on Monday that post-traumatic stress disorder is a physical injury, even though it is not observable with X-rays and other medical detection methods, and it is "nonsense" to suggest otherwise amid workers' compensation litigation.

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Blue Cross Says National TM Link Dooms Ford Antitrust Suit

By Bonnie Eslinger

Blue Cross Blue Shield of Michigan and the Blue Cross Blue Shield Association have asked a Michigan federal judge to hand them a win in Ford Motor's antitrust suit alleging supracompetitive pricing, arguing the Blue Cross trademark means the association and affiliates act as a "single entity" that "cannot conspire with itself."

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Stellantis Tells 2nd Circ. To Reject Car Inventory Fraud Suit

By Linda Chiem

Stellantis and two former executives have told the Second Circuit that a New York federal judge correctly dismissed a proposed securities fraud class action accusing the automaker of loading dealerships with excess vehicle inventory in order to pump up Stellantis' operating margins.

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2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

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At 4th Circ., DOJ Admits But Downplays Goldstein Trial Errors

By Jeff Overley

The U.S. Department of Justice late Tuesday acknowledged that it confused key statutory terms related to jury instructions at famed appellate advocate Tom Goldstein's criminal trial, while also insisting "the government's mistake here was understandable" and shouldn't upend a jury's guilty verdict.

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Brief

Fenwick & West To Match $235K Salary Scale For Associates

By Tracey Read

Fenwick & West LLP is reportedly the latest firm that will raise associate pay in the new year.

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Ex-Fla. Bar Prez Accused Of Botching $350M Estate Claim

By Carolina Bolado

The widow of a Miami real estate investor is suing a former president of the Florida Bar for malpractice, claiming his botched representation left her without a claim to her late husband's $350 million estate.

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Analysis

3 Federal Circuit Clashes To Watch In November

By Ryan Davis

A high-stakes case that will determine whether the U.S. government should face patent infringement claims over Moderna's COVID-19 vaccines and Labcorp's appeal of a nine-figure patent verdict against it are among the arguments the Federal Circuit will hear in November.

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4th Circ. Says W.Va. Daniel's Law Is Unconstitutional

By Rose Krebs

The Fourth Circuit on Tuesday affirmed a district court determination striking down as unconstitutional West Virginia's law restricting the publication of the home addresses and phone numbers of law enforcement and judicial officials, saying the district court applied "well-established" First Amendment principles.

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