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Benefits
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December 01, 2023
Former Clerks Say Justice O'Connor Still Worth Emulating
BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.
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December 01, 2023
Univar Fights Union Fund's Bid For Pretrial Pension Row Win
Univar Solutions USA Inc. told an Illinois federal judge that the company isn't liable for thousands in allegedly unpaid pension contributions, claiming the fund accepted a labor contract between the chemical giant and a Teamsters local that ended the business's obligation to pay.
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December 01, 2023
Defense Co. Refused To Retract Resignation, Worker Says
Aerospace and defense contractor Collins Aerospace interfered with a worker's state and federal right to take medical leave, the employee alleged, by refusing to allow her to revoke her resignation in lieu of a period of short-term disability leave.
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December 01, 2023
Judge Balks At 'Sheer Number' Of Exhibits In Seattle Vax Suit
A Washington federal judge expressed mild concern Friday about the "sheer number" of exhibits attached to a group of firefighters' discrimination lawsuit against the city of Seattle over its COVID-19 vaccine mandate, doubtful that the court would even be able to consider the contents of the 1,130 pages while weighing the plaintiffs' claims.
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December 01, 2023
Sodexo Asks 9th Circ. To Force Arbitration In ERISA Suit
Sodexo urged the Ninth Circuit to force a worker to arbitrate his claims alleging the food services company unlawfully required workers who use nicotine products to pay $1,200 more per year for health insurance, saying it doesn't matter that he didn't consent to the insurance plan's arbitration provision.
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December 01, 2023
Investors Say Boeing Can't Ditch Retooled 737 Max Fraud Suit
Investors have told an Illinois federal judge that Boeing cannot escape a revamped securities fraud suit seeking to hold it liable for erasing billions in shareholder value by alleging it repeatedly misrepresented the safety of the 737 Max aircraft even after two deadly crashes.
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December 01, 2023
Pa. Judge Approves $300K Deal In Philly Pops Benefits Row
A Pennsylvania magistrate judge approved a $300,000 settlement between a Philadelphia-based orchestra and a musicians' union, resolving the union's claims that the orchestra owed wages and benefits contributions for a holiday program in 2022.
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December 01, 2023
3 December Argument Sessions Benefits Attys Should Watch
Physicians' groups will ask the Sixth Circuit to reinstate their suit claiming the federal government is illegally forcing them to provide gender transition-related care, while American Airlines pilots will try to get their military leave class action back on track at the Third Circuit. Here, Law360 looks at three appellate argument sessions that should be on benefits attorneys' radar in December.
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December 01, 2023
4 Decisions For Which Justice O'Connor Will Be Remembered
Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.
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December 01, 2023
Ex-Morris James Worker Loses Jobless Pay Bid In Delaware
A Delaware Superior Court judge has affirmed an unemployment board's decision denying an ex-Morris James LLP paralegal a year's worth of unemployment benefits after he agreed to leave the firm amid claims that he was retaliated against after he accused one of its partners of misconduct.
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December 01, 2023
Insurer Gets COVID-19 Test Reimbursement Suit Tossed
A Connecticut federal court tossed a medical practice chain's suit claiming that a third-party health plan administrator failed to properly reimburse its COVID-19 testing costs, finding that the chain does not have a private right of action under federal coronavirus legislation or the Affordable Care Act.
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December 01, 2023
Justice O'Connor Shattered Barriers, Built Bridges
A Southwestern cowgirl who will always be known as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O’Connor inspired those around her with an indomitable work ethic, a deep affection for public service and an innate ability to drive consensus among her colleagues.
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December 01, 2023
Sandra Day O'Connor, First Woman On Supreme Court, Dies
Retired U.S. Supreme Court Justice Sandra Day O'Connor, the court's first female member, died Friday at 93, according to the court. Justice O'Connor's position at the ideological center of the court gave her outsized influence in controversial cases during her 25-year tenure.
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November 30, 2023
SEC Waives $40M Fine For Mallinckrodt In Medicaid Scheme
The U.S. Securities and Exchange Commission announced Thursday that it has waived a $40 million civil penalty against pharmaceutical company Mallinckrodt for overcharging Medicaid for one of its flagship drugs, saying the agency considered Mallinckrodt's financial condition and settled its claims on the company's commitment to retain a compliance consultant.
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November 30, 2023
Petition Watch: NLRB GC Authority, Copyright Atty Fees
Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks you might have missed, including questions over whether the National Labor Relations Board's general counsel is entitled to prosecutorial discretion, the proper standard for determining attorney fees in copyright cases, and how courts should treat the Board of Veterans' Affairs' silence on benefits decisions.
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November 30, 2023
Ex-NFL Player Never Properly Challenged Benefits, Plan Claims
An NFL retirement and disability plan has asked a Florida federal court to nix a lawsuit from a former Tampa Bay Buccaneers defensive end who claims he wrongly missed out on a high level of injury benefits, arguing the player didn't exhaust administrative remedies before filing his complaint.
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November 30, 2023
9th Circ. Says No Opt-Out Fees In County's OT Math
A California county didn't need to include opt-out health insurance fees in firefighters' overtime calculations because those amounts were not part of their regular rate of pay under federal law, the Ninth Circuit ruled Thursday, affirming a district court's decision.
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November 30, 2023
Feds Say Pharma Cos. Can't Win Medicare Drug Price Suit
The federal government told a D.C. federal court that it shouldn't issue Merck & Co. Inc.'s summary judgment in its lawsuit challenging the Inflation Reduction Act's Medicare drug price negotiation program, saying its takings clause and First Amendment arguments are "dubious."
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November 30, 2023
Navajo-IHS Dispute Paused Pending Supreme Court Ruling
An Arizona federal judge has stayed a Navajo health care organization's lawsuit accusing the Indian Health Service of skipping out on its obligation to cover overhead costs, saying the U.S. Supreme Court will review a similar case in 2024.
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November 30, 2023
NJ Hospitals Accuse Cigna Of Underpaying Bills By $114M
A New Jersey hospital network is accusing Cigna Health and Life Insurance Company of shorting it more than $114 million by underpaying bills for out-of-network care.
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November 30, 2023
Tyson Let 401(k) Plan Get Charged Excessive Fees, Suit Says
Tyson Foods Inc. breached federal benefits law and cost retirees millions of dollars by failing to keep fees paid by its $3.2 billion 401(k) in check, said a proposed class action filed Thursday in Arkansas federal court.
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November 30, 2023
Colo. Ordered To Turn Over Workers' Comp Data To Feds
A Colorado federal judge has ordered state labor officials to turn over workers' compensation records sought by a U.S. Social Security Administration watchdog as part of a multi-state audit, ruling the agency's authority preempts a Colorado law designating those records as confidential.
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November 30, 2023
2nd Circ. Axes MetLife's Bid For Quick Appeal Of ERISA Class
The Second Circuit turned away Metropolitan Life Insurance Co.'s push to immediately challenge a decision certifying a class of 1,800 workers who said faulty mortality estimates caused them to get shortchanged on retirement benefits.
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November 30, 2023
Republican AGs Assail Abortion Coverage Law At 9th Circ.
Almost two dozen red states and various religious freedom groups told the Ninth Circuit that a lower court ruling in favor of a Washington law requiring employee health plans to cover abortion services tramples over religious rights.
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November 30, 2023
Sprint Strikes $3.5M Deal In Retirees' Benefit Calculation Suit
Three former Sprint Communications employees urged a Kansas federal court to sign off on a $3.5 million deal to end their proposed class action accusing the T-Mobile subsidiary of using outdated mortality benefits to calculate retirement pension payments.
Expert Analysis
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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AI Use May Trigger False Claims Act's Public Disclosure Bar
The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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The Self-Funded Plan's Guide To Gender-Affirming Coverage
Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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How Justices' Disclosure Ruling May Change Corp. Filings
In the upcoming Macquarie Infrastructure v. Moab Partners case, the U.S. Supreme Court will resolve a circuit split over whether a company may be sued for private securities fraud if they fail to disclose certain financial information in public filings, which may change the way management analyzes industry risks and trends for investors, says Paul Kisslinger at Lewis Brisbois.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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What ESG Investing Ruling Means For Fiduciaries
A Texas federal court’s recent ruling — upholding a U.S. Department of Labor rule allowing retirement plan fiduciaries to consider ESG factors in certain investment decisions — provides welcome clarity for plans governed by the Employee Retirement Income Security Act that have long been buffeted by partisan noise and misinformation, say attorneys at Covington.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.