A seemingly novel lawsuit has emerged challenging a company’s health plan surcharge for employees who have refused the Covid-19 vaccine. Two security guards have initiated a proposed class action against GardaWorld Cash Services Inc. in a North Carolina federal court. Filed on September 16, the plaintiffs argue that GardaWorld’s surcharge violates the Employee Retirement Income…
Robert Kaplan has joined McCarter & English as a partner in its tax and employee benefits practice, the firm announced in a recent press release. Bringing his extensive experience in employee benefit plans and executive compensation arrangements, Kaplan will operate out of the firm’s Philadelphia office. At McCarter & English, Kaplan is expected to provide…
Eli Burriss has joined Faegre Drinker as a partner in its litigation group in Dallas, according to the firm’s announcement on Wednesday. Burriss brings extensive experience in representing clients through trials and intricate commercial litigation. His expertise encompasses a range of complex legal areas including the Employee Retirement Income Security Act (ERISA), health insurance, class…
The Department of Labor’s fiduciary investment rule faces potential invalidation following the US Supreme Court’s decision in Loper Bright v. Raimondo, which alters how courts evaluate federal agency expertise. Consequently, ERISA fiduciaries must underscore their investment decisions with solid data to protect themselves and their clients. Under the Employee Retirement Income Security Act (ERISA), fiduciaries…
Healthcare stakeholders have differing opinions on the Biden-Harris Administration’s final rule for mental health coverage announced Monday. The 2008 Mental Health Parity and Addiction Equity Act (MHPAEA) mandates that health plans offering mental health and substance use benefits must provide these benefits on par with those for physical healthcare. However, this isn’t always the case,…
The “Morning Docket” for September 9, 2024, from Above the Law touches on several essential updates in the legal world that professionals should be aware of. Starting with Biglaw, there’s increasing speculation about the firms’ reluctance to match Milbank’s bonuses. This decision might reflect their dominance in the lateral market, or it could be a…
Fisher Phillips has announced the addition of Scarlett Lopez Freeman as a partner in its San Francisco office, a significant enhancement to their legal team. According to Bloomberg Law, Lopez Freeman is set to bolster the firm’s capabilities in employment litigation. Lopez Freeman’s expertise spans several industries including financial services, insurance, technology, health care, and…
As the Employee Retirement Income Security Act (ERISA) turns 50, the landscape of retirement savings is undergoing significant changes. Recent trends indicate a growing interest among 401(k) and pension plan participants in products that guarantee lifetime income, such as annuities. This shift is increasingly testing the boundaries and adaptability of ERISA, originally enacted on September…
Employers grappling with increased scrutiny over their fiduciary responsibilities towards health plans are advocating for enhanced transparency from insurance providers and other third-party vendors, as the Employee Retirement Income Security Act (ERISA) commemorates its 50th anniversary. Originally enacted on September 2, 1974, ERISA initially covered approximately 6% of individuals in group health plans. Today, self-insured…
As companies strive to attract and retain top talent in a competitive market, expanding family building and reproductive care benefits emerges as a strategic approach. An increasingly significant aspect of this trend involves offering tailored benefits for employees undergoing menopause and perimenopause. The implications of such benefits span across several regulatory frameworks, including the Employee…
In a recent judicial determination, the US Court of Appeals for the Third Circuit affirmed multiple decisions favoring Linde North America, thereby rejecting former in-house lawyer Mark Weller’s claims for an excess benefits boost. Weller contended he was improperly denied approximately $112,000 in benefits following the settlement of a potential whistleblower claim. The court concluded…
Employers managing 401(k) assets forfeited by former employees are facing a series of lawsuits that broaden the scope of disputes concerning excessive fees. These suits fuse two types of claims: one alleging violations of the Employee Retirement Income Security Act (ERISA) and another focusing on the traditionally contentious issue of high plan fees. Legal experts…
Two recent federal court rulings underscore the importance of vigilance when updating beneficiary designation forms for retirement accounts, life insurance, and other financial instruments. Failure to keep these records current can lead to unintended beneficiaries receiving the assets, thereby resulting in protracted legal disputes. A case in point is Proctor & Gamble U.S. Business Services…
The Labor Department faces a challenging task in defending its 2022 rule that facilitates the inclusion of environmental, social, and governance (ESG) factors in 401(k) investment decisions. This comes after the US Supreme Court’s decision in Loper Bright Enterprises v. Raimondo eliminated the Chevron deference, a long-standing principle that allowed agencies considerable leeway to interpret…
The former General Electric Co. (GE) and its spinoffs are facing increasing legal pressure from pension plan participants, shedding light on the potential risks corporations may encounter when opting for pension risk transfers or reorganizations. As large companies like GE navigate financial challenges, they often resort to transferring pension obligations either to annuity providers or…
Thompson Coburn LLP announced that Michael Graham has joined the firm’s Chicago office as an employee benefits partner. Graham brings extensive expertise in employment, fiduciary, regulatory, employee benefits, and ERISA litigation to his new role. Michael Graham advises plan administrators, fiduciaries, and sponsors on compliance and disputes, and has significant experience as first chair in…
The recent Supreme Court decision to overturn Chevron deference has introduced significant uncertainty into the landscape of Employee Retirement Income Security Act (ERISA) legislation. By removing the long-standing precedent that favored federal agencies’ rulemaking interpretations, the Court has shifted the power balance, making courts the final arbiters of ERISA-related disputes. This shift has broad implications…
A Texas federal judge has granted a request by an insurance industry trade association to temporarily block a US Labor Department rule that classifies more retirement advice providers as fiduciaries. The plaintiffs, including the Federation of Americans for Consumer Choice (FACC) and five other insurance industry stakeholders, may likely succeed on the merits of their…
A former attorney at the now-defunct Philadelphia-based law firm Schnader Harrison Segal & Lewis LLP has advanced a proposed class action alleging that the firm mismanaged the retirement benefits of non-equity partners and counsel. According to a recent report, the attorney claimed “interrelated violations” of the Employee Retirement Income Security Act (ERISA) in connection with…
Articles of impeachment have been introduced against Supreme Court Justices Clarence Thomas and Samuel Alito. This action follows through on Representative Alexandria Ocasio-Cortez’s earlier pledge to address allegations of ethical misconduct regarding Supreme Court justices receiving significant financial benefits. Details of the move were reported by The Guardian, highlighting ethics concerns surrounding the justices. Additionally,…
In a recent ruling, U.S. District Judge Trina Thompson has dismissed a case seeking $500 million in unpaid severance for thousands of former Twitter employees who were terminated following Elon Musk’s acquisition of the social media platform in November 2022. The plaintiffs, led by former vice president of total rewards Courtney McMillian, argued that the…
Legal News A $500 million severance case brought by former Twitter employees has been dismissed by U.S. District Judge Trina Thompson. The lawsuit, initiated on behalf of approximately 6,000 workers, accused Elon Musk of violating the Employment Retirement Income Security Act (ERISA) by not adhering to federal benefit plan regulations. Judge Thompson ruled that ERISA…
A legal battle concerning severance pay for former Twitter employees took a decisive turn this week as Elon Musk successfully had a class-action lawsuit dismissed in federal court. The suit, which alleged wrongful denial of severance pay under the Employee Retirement Income Security Act (ERISA), was presided over by US District Judge Trina Thompson in…
A three-judge panel for the U.S. Court of Appeals for the Seventh Circuit denied CITGO Petroleum Corp.’s motion to appeal former employees’ class certification, setting the stage for a potential trial in November. The case, involving allegations that CITGO underpaid pension plans by $31 million, could see significant developments as a hearing to discuss a…
A federal appeals court is currently deliberating on a contentious ERISA rule that has drawn significant attention from both the corporate and political spheres. The rule in question clarifies that fiduciaries tasked with managing retirement funds can consider climate change, diversity, and other environmental, social, and governance (ESG) factors. This has been met with opposition…