• November 14, 2023

    Patient Says Insurers Can't Use Blame Game To Avoid HIV Suit

    A health care plan participant told a Minnesota federal judge not to toss his proposed class action accusing his plan's claims administrators of failing to fully cover HIV preventative treatment, saying they can't just shuffle the blame between each other.

  • November 14, 2023

    11th Circ. Wrestles With Legality Of Trans Health Exclusion

    An Eleventh Circuit panel grappled Tuesday with whether a county-run health plan's coverage exclusion for gender transition surgery amounted to unlawful discrimination, with one judge asking why upholding a transgender deputy's win in her bias case wouldn't create a "most-favored nation status for gender dysphoria."

  • November 13, 2023

    Macquarie Warns Justices Of 'Crippling' Disclosure Litigation

    Macquarie Group affiliates told the U.S. Supreme Court on Monday that shareholders should not be allowed to sue companies that remain silent on subjective measurements of financial performance, arguing that lawsuits based on disclosure omissions could "open the floodgates to potentially crippling private securities fraud liability."

  • November 13, 2023

    10th Circ. Urged To Halt Okla. Ban On Gender-Affirming Care

    Attorneys representing a group of transgender adolescents and their parents urged the Tenth Circuit to block an Oklahoma law that bans gender-affirming care for minors, arguing it deprives them of "potentially lifesaving care."

  • November 13, 2023

    House To Vote On Bill That Could Halt Employment Rules

    The U.S. House of Representatives will mull a Republican-led appropriations bill aimed at halting several employment rules, including those regulating joint employment and worker classification, as a potential federal government shutdown looms.

  • November 13, 2023

    Anthem, Express Scripts Settle Lengthy Contract Breach Suit

    Anthem Inc. and Express Scripts Inc. have agreed to dismiss the last outstanding claim of Anthem's $14.8 billion breach of contract lawsuit, ending — for now — a yearslong legal battle.

  • November 13, 2023

    Fake NBA Invoices Part Of 'Plain-Vanilla Fraud,' Jury Told

    Prosecutors told a Manhattan federal jury on Monday that two former NBA players participated in "plain-vanilla fraud" by submitting fake invoices to the league's health care plan at the instruction of a fellow ex-basketball pro while trying to cover their tracks with lies.

  • November 13, 2023

    Ex-Player Says NFL Unfairly Denied Him Retirement Benefits

    A former NFL player sued the league's retirement plan in Texas federal court Monday, alleging it illegally denied him benefits after finding that his rookie season didn't count as qualified work in order to gain the retirement perks because he was benched due to an injury.

  • November 13, 2023

    Ex-Worker Drops ERISA 401(k) Suit Over BlackRock Funds

    An ex-worker for Conde Nast's holding company told a New York federal court that he would drop his proposed class action alleging that the company unlawfully kept poorly performing BlackRock funds in its 401(k) plan, a development that comes as similar suits have struggled to survive dismissal nationwide.

  • November 13, 2023

    Met Opera Hit With ERISA Suit Over Extra Musician Rule

    An oboist who performed with the Metropolitan Opera's orchestra for more than three decades sued the company in New York federal court Monday, accusing it of imposing a draconian rule that unlawfully restricts access to retirement benefits for extra musicians.

  • November 13, 2023

    Catching Up With Delaware's Chancery Court

    Lots of travel-related litigation in Delaware's Court of Chancery last week, with cases involving TripAdvisor, Hertz Global Holdings, engine parts manufacturer Carter Carburetor, and a reference to the purgatorial Hotel California. In case you missed it, here's the latest from Delaware's Chancery Court.

  • November 09, 2023

    Fed. Circ. Says NASA Retiree Can't Switch Retirement Plans

    The Federal Circuit said Thursday that the Merit Systems Protection Board correctly held that a former NASA employee wasn't assigned to the wrong retirement plan, ruling that a letter confirming she'd accepted a job with the agency in 1983 didn't change whether she qualified for an alternate option.

  • November 09, 2023

    Colo. Says Union Can't Sue Over Airline Sick Leave Settlement

    The administration of Colorado Gov. Jared Polis has asked a state judge to toss a union's lawsuit challenging Southwest Airlines' sick leave settlement with the state, echoing arguments from the airline that the union doesn't have standing to invalidate a settlement to which it wasn't a party.

  • November 09, 2023

    AARP, Others Bash AstraZeneca's Drug Pricing Challenge

    Nine health care experts and the AARP in briefs filed Thursday asked a Delaware federal court to reject AstraZeneca's challenge to the Inflation Reduction Act's provision allowing the government to negotiate drug prices with pharmaceutical companies.

  • November 09, 2023

    Ex-Exec Says Colgate Ignored Risks To Retirement Account

    A former Colgate-Palmolive executive told a New York federal court it should hand her a win in her suit alleging the company allowed a hacker to steal over $750,000 of retirement savings from her account, arguing that security wasn't a priority for her ex-employer or its retirement plan administrator.

  • November 09, 2023

    DC Circ. Wary Of Mining Cos.' Appeal In Retiree Health Fight

    The D.C. Circuit appeared chilly Thursday toward a push to allow former subsidiaries of a now-defunct coal company to fight an arbitration award that found retiree health benefits can't be cut without union negotiations, questioning whether the subsidiaries deserved a foothold in federal court.

  • November 09, 2023

    ERISA Case Against Shell Should Go To Trial, Judge Says

    A Texas federal magistrate judge said Thursday that neither Shell Oil Co. nor retirement plan participants should be granted a pretrial win in a suit claiming the company mismanaged its $10 billion 401(k) plan, recommending a bench trial to hash out factual disputes.

  • November 09, 2023

    Horizon Blue Cross Settles NJ County's Refund Rates Row

    Horizon Blue Cross Blue Shield has settled Passaic County, New Jersey's claims challenging the insurer's reimbursement rates, just as the Garden State high court was poised to review a lower appellate court's decision to send the dispute into arbitration.

  • November 09, 2023

    Goldman Directors Plead To Exit 'Hotel California' Pay Suit

    An attorney for directors at Goldman Sachs told Delaware's Court of Chancery Thursday that a six-year saga over non-employee director pay must end, and the court should approve a third proposed settlement to moot an activist shareholder's objections to the deal.

  • November 09, 2023

    Ind. Nurse Can Sue Co-Worker Doc. For Infection Treatment

    An Indiana appeals panel revived a nurse's suit alleging a doctor working at the same hospital negligently treated her for scabies she contracted from a patient, finding the state's Worker's Compensation Act doesn't block her claims stemming from a patient-doctor relationship.

  • November 09, 2023

    Jury Convicts Ex-Baltimore State's Atty Mosby Of Perjury

    A Maryland federal jury on Thursday convicted former Baltimore State's Attorney Marilyn Mosby of two counts of perjury in connection with her withdrawal of thousands of dollars from her city retirement account under a federal law designed to help people suffering amid the COVID-19 pandemic.

  • November 09, 2023

    Ex-NBA Guard Denies Knowing Health Invoices Were Fake

    A former Detroit Pistons point guard denied submitting invoices he knew were false Thursday while on the stand at his health care fraud trial, telling a Manhattan federal jury he didn't recall whether it was he who even filled out the forms.

  • November 08, 2023

    Actor Strike Ends: SAG-AFTRA, Studios Reach Tentative Deal

    SAG-AFTRA announced Wednesday evening that it has approved a tentative agreement with major studios, ending the nearly four-month-long strike by Hollywood actors.

  • November 08, 2023

    Cruise Ship Service Providers Must Share $2.8M Pension Debt

    Two companies that service cruise ships in New Orleans owe a union pension fund $2.8 million after one lost its cargo loading contract with Carnival Cruise Lines, a Louisiana federal judge ruled Wednesday, saying the businesses share liability due to their joint ownership at the time of the contract termination.

  • November 08, 2023

    DOL Fights CSX's Objections To Facing ERISA Fee Suit

    The U.S. Department of Labor urged a Florida federal judge Wednesday to adopt a report advising denial of CSX Transportation's bid to dismiss a suit alleging the rail company mismanaged its employee retirement plans, arguing the company misunderstood the recommendation and relevant federal benefits law.

Expert Analysis

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

    Author Photo

    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • Courts Can Overturn Deficient State Regulations, Too

    Author Photo

    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Tales From The Trenches Of Remote Depositions

    Author Photo

    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • Understanding Illinois' Temp Worker Obligation Updates

    Author Photo

    Recent amendments to the Illinois Day and Temporary Labor Services Act would significantly expand the protection for temporary workers in the state, impose new compliance obligations on staffing agencies and their client companies, and add significant enforcement teeth to the act, say Nicholas Anaclerio and Ellie Hemminger at Vedder Price.

  • Level Up Lawyers' Business Development With Gamification

    Author Photo

    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

    Author Photo

    In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

  • What The ESG Divide Means For Insurers And Beyond

    Author Photo

    The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

    Author Photo

    As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

    Author Photo

    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • Cos. Must Prepare For More ESG Scrutiny From All Sides

    Author Photo

    As businesses face challenges to their environmental, social and governance efforts and statements — both from those who find them inadequate, and from those who think they go too far — it is more important than ever to proceed with care in implementing and disclosing ESG initiatives, say attorneys at Skadden.

  • Recent Changes Mark A Key Moment For New York High Court

    Author Photo

    Recent developments in the New York Court of Appeals — from rapid turnover and increasing diversity, to a perception among some of growing politicization — mark an important turning point, and the court will continue to evolve in the coming year as it considers a number of important cases, say attorneys at Gibson Dunn.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

    Author Photo

    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • New NLRB Bench Book Is An Important Read For Practitioners

    Author Photo

    Though the National Labor Relations Board's Bench Book is aimed at administrative law judges who adjudicate unfair labor practice hearings, key updates in its 2023 edition offer crucial reading for anyone who handles charges before the agency, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
    Author Photo

    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • Legal Profession Must Do More For Lawyers With Disabilities

    Author Photo

    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

Want to publish in Law360?

Submit an idea

Have a news tip?

Contact us here
Can't find the article you're looking for? Click here to search the Benefits archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!