7th Circ. Suggests High Court Ruling Supports Ark. PBM Rule

By Kellie Mejdrich

The Seventh Circuit appeared reluctant Tuesday to revive a union fund's challenge to an Arkansas rule making health plans disclose pharmacy compensation and pay fees, with judges pointing to a 2020 U.S. Supreme Court ruling that permitted state cost regulations on pharmacy benefit managers.

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Brief

Aluminum Parts Maker Strikes $2M Deal To End ESOP Lawsuit

By Patrick Hoff

An aluminum components manufacturer will pay $2 million to resolve a proposed class action alleging it mismanaged its employee stock ownership plan by investing non-company assets too conservatively, according to a Tuesday filing in California federal court.

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Ga. Providers Say Rutledge Bars United's Preemption Win

By Kelcey Caulder

Medical providers are urging a Georgia federal court to deny United's bid for an early win in its case seeking a declaration that the providers' purported attempt to claw back reimbursements for out-of-network services are preempted, arguing that state-law claims involving employee benefits aren't preempted by federal benefits law.

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Vehicle Co. Inks $150K Deal To End Tobacco Fee Suit

By Grace Elletson

International Motors LLC, formerly Navistar, has agreed to pay $150,000 to resolve a suit claiming the company illegally charged workers an extra $600 a year if they used tobacco without giving them a proper avenue to dodge the fee, according to an Illinois federal court filing.

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Mich. AG Says PBMs Can't Duck Drug-Pricing Suit

By Mark Payne

Two pharmacy benefit managers can't dodge an antitrust lawsuit accusing them of price-fixing reimbursement rates because Michigan has properly claimed an antitrust violation, state Attorney General Dana Nessel told a federal court, asking it to toss aside the PBMs' dismissal bid. 

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Red State AGs Fight Bid To Trim Suit Against BlackRock

By Katryna Perera

Republican attorneys general are opposing a bid by BlackRock and State Street to trim a suit accusing the asset managers of driving up coal prices, arguing that the firms' assertion that the suit cannot get past the U.S. Supreme Court's decision on federal antitrust damages claims is incorrect.

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Foundation Building Investors Ink $26M Deal Over PE Buyout

By Katryna Perera

The CEO, controlling investor and board members of specialty building product maker Foundation Building Materials Inc. and others have reached a $26 million settlement with stockholders who challenged the company's $1.4 billion sale to a private equity buyer on claims that the defendants breached their fiduciary duties.

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Rehab Programs Seek To DQ Participant's Counsel In Pay Suit

By Benjamin Morse

Several Texas-based addiction recovery program operators urged a federal court to disqualify a program participant's counsel in a Fair Labor Standards Act lawsuit, arguing the attorney's prior involvement with the programs creates both a conflict of interest and a need for him to serve as a witness.

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Colo. Justices Weigh Bid To Restore Trans Youth Care

By Rachel Konieczny

Colorado's justices pushed Children's Hospital Colorado on Tuesday to explain how its decision to halt gender-affirming care for transgender youth patients is not discriminatory, even amid the federal government's threats to cut funding for providers that offer the care to children and adolescents.

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Brief

4th Circ. Won't Rehear Allergan Overcharge Suit

By Tom Lotshaw

The Fourth Circuit on Tuesday denied a rehearing petition lodged after a panel revived a whistleblower suit accusing an Allergan Sales LLC predecessor of overcharging Medicaid.

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Holland & Knight Hires ERISA, Compensation Pro From Katten

By Andrea Keckley

Holland & Knight LLP announced on Monday that it had hired a Katten Muchin Rosenman LLP partner who focuses on the Employee Retirement Income Security Act, employee benefits and executive compensation.

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Grassley Says Cruz And Lee Top His List If Alito Retires

By Courtney Bublé

Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, said on Tuesday that if U.S. Supreme Court Justice Samuel Alito were to retire then he would recommend the president nominate either Sen. Ted Cruz, R-Texas, or Sen. Mike Lee, R-Utah.

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Ginsburg Hack Conviction Upheld For Man Who Blamed Cat

By Craig Clough

The Fourth Circuit affirmed Tuesday a former hospital transplant coordinator's conviction for illegally accessing U.S. Supreme Court Justice Ruth Bader Ginsburg's healthcare records, upholding a ruling that the defendant was not improperly coerced when he told FBI agents a coworker or his cat may have been responsible.

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Judiciary Panel Backs Legal Finance Project, Subpoena Rules

By Jeff Overley

Federal judiciary advisers agreed Tuesday to develop transparency obligations for litigation funders despite "vehement" views in the defense and plaintiffs bars, while also advancing controversial subpoena rules involving remote testimony and process servers.

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Analysis

IBM's FCA Deal Creates Unease Over DEI Enforcement Scope

By Madeline Lyskawa

IBM's agreement to pay the Trump administration $17 million to resolve allegations it violated the False Claims Act with policies aimed at increasing the diversity of its workforce continues to raise more questions than answers about what the administration views as illegal diversity, equity and inclusion programs.

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Mintz Can't Halt Texas Malpractice Suit For Fee Fight In Mass.

By Elliot Weld

A Massachusetts federal judge on Tuesday declined Mintz Levin Cohn Ferris Glovsky and Popeo PC's request to halt a former client's legal malpractice case against the firm in Texas federal court while the two fight over a $2 million "success fee" the law firm claims it is owed.

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DC Circ. Halts Boasberg's 'Unnecessary' Alien Enemies Probe

By Britain Eakin

A split D.C. Circuit panel on Tuesday halted for the second time U.S. District Judge James Boasberg's criminal contempt probe of Trump administration officials for willfully violating his order barring removals of Venezuelans under the 1798 Alien Enemies Act.

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House Dem Threatens Bondi Contempt Over Epstein Files

By Courtney Bublé

The top Democrat on the House Oversight Committee is looking to hold former Attorney General Pam Bondi in contempt if she does not appear before the committee to discuss the U.S. Department of Justice's handling of the Epstein files.

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Grassley Hits 100 Judge Confirmations As 2 Clear Senate

By Courtney Bublé

The Senate on Tuesday confirmed the 100th district judge under Sen. Chuck Grassley's leadership of the Senate Judiciary Committee.

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Investors Want Sanctions For Fake Citations In LGBCoin Suit

By Carolina Bolado

Investors in the "Let's Go Brandon" meme token urged a Florida federal judge Monday to issue "case-terminating sanctions" against the man behind the coin, saying he and his counsel have lied in discovery, disobeyed court orders and submitted fake legal citations in at least eight filings.

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Calif. Federal Judges Weigh Audio Access For Civil Jury Trials

By Dorothy Atkins

California Northern District federal judges are seeking public comment on modifying local court rules to allow jurists to audio stream civil jury trials in the district, which regularly presides over high-stakes courtroom fights involving tech giants such as Google, Meta, OpenAI and Apple.

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IOLTA Group Owed Notice Of Settlements, Mass. Justices Say

By Julie Manganis

Massachusetts' highest court said Tuesday that a committee overseeing lawyers' trust accounts should have been given a chance to request potential leftover funds prior to a judge's approval of a class action settlement, but saw no reason to unwind the deal.

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