Mealey's Labor & Employment - Magistrate Judge Recommends Denying Settlement In Water Treatment Tech Wage Suit

FRESNO, Calif. - A California federal magistrate judge on Feb. 9 recommended denying a motion for preliminary approval of a $150,000 settlement of a wage-and-hour class lawsuit brought by a water treatment technician against his employer (Nicholas Millan, et al. v. Cascade Water Services, Inc., et al...

Mealey's Labor & Employment - Judge Denies Remand In Breach Of Contract, Bad Faith Lawsuit

EVANSVILLE, Ind. - A federal judge in Indiana on Feb. 6 denied a motion to remand filed by insureds in a breach of contract and insurance bad faith lawsuit, ruling that the insureds' claims are preempted by the Employee Retirement Income Security Act (Sherry Schnepper, et al. v. Federated Mutual...

Mealey's Labor & Employment - $190M Asbestos Award Must Be Reduced To $30M Or Retried, New York Justice Says

NEW YORK - The evidence largely supports a jury's asbestos verdict, but the five plaintiffs originally awarded a record-setting $190 million verdict must stipulate to just under $30 million in damages or face a new trial on the issue, according to documents filed Feb. 9 in a New York court (Santo...

Mealey's Labor & Employment - Judge Reverses $10.3M Asbestos Verdict Against Carnival Cruise Line

MIAMI - A Florida judge on Feb. 11 set aside a widow's $10.3 million asbestos verdict against Carnival Cruise Lines, saying insufficient evidence exists of exposure aboard the defendant's ships (Giovanna Settimi Caraffa, et al. v. Carnival Cruise Lines, No. 06-00964CA01, Fla. Cir., Miami-Dade...

Mealey's Labor & Employment - New York Court Affirms Award Of Compensation For Teacher's Mold Exposure

ALBANY, N.Y. - A New York appeals court on Feb. 11 affirmed a board's decision to award a teacher compensation benefits, finding that she provided sufficient evidence to show that she suffered injuries caused by mold exposure at work (Michelle Cappelletti v. Marcellus Central School District, et...

Mealey's Labor & Employment - Calif. Federal Judge Orders Immediate Instatement Of Fired Union Rep

SACRAMENTO, Calif. - A California federal judge on Feb. 10 ordered temporary relief in the form of the immediate instatement of a union representative who lost her job after a new company took over the center where she was employed (Joseph F. Frankl, Regional Director of Region 20 of the National Labor...

Mealey's Labor & Employment - No Valid Voluntary Life Insurance Exists In Breach Of Contract Suit, Judge Says

PHILADELPHIA - An estate's executor failed to produce evidence of the existence of a valid and paid-for policy of voluntary life insurance with the estate's former employer and insurer, a Pennsylvania federal judge ruled Feb. 10, granting summary judgment on breach of contract and breach of fiduciary...

Mealey's Labor & Employment - 3rd Circuit: ACA Birth Control Mandate Accommodation Doesn't Burden Religion

PHILADELPHIA - The accommodation through which those who object to the contraceptive mandate of the Patient Protection and Affordable Care Act (ACA) can avoid providing or paying for the insurance coverage does not burden religious practice, a Third Circuit U.S. Court of Appeals panel held Feb. 11 (Geneva...

Mealey's Labor & Employment - 2nd Circuit Upholds Partial Class Cert In Assistant Managers' Wage Suit

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Feb. 10 affirmed partial certification of a class of assistant store managers (ASMs) who claim that they are owed overtime (Mani Jacob, et al. v. Duane Reade, Inc., et al., No. 13-3873, 2nd Cir.; 2015 U.S. App. LEXIS 2040).

Mealey's Labor & Employment - Dismissal Order Leaves Meal Break, Rest Period Claims In Class Action Suit

SAN FRANCISCO - A California federal judge dismissed multiple claims, including one brought under the state's unfair competition law (UCL), in a class action wage and labor dispute, leaving claims for meal break and rest period violations and declining to strike class allegations (Eve Miranda, et...

Mealey's Labor & Employment - Claims That City Failed To Follow 1982 Consent Decree Deemed Barred By Laches

JACKSONVILLE, Fla. - Claims filed in 2007 alleging that a Florida city in 1992 unilaterally stopped following a 1982 consent decree requiring certain hiring protocol for its fire department were filed too late and barred by laches, a Florida federal judge ruled Feb. 16 (Olivette Coffey Jr., et al. v...

Mealey's Labor & Employment - Protective Order Barring Employer From Contacting Employees Denied In Wage Suit

NEW ORLEANS - A Louisiana federal judge on Feb. 13 denied a motion for a protective order filed by the plaintiffs in a wage-and-hour collective action, finding that the plaintiffs failed to provide sufficient evidence of threatened abuses (Dania Gissell Cruz Mejia, et al. v. Brothers Petroleum, L.L.C...

Mealey's Labor & Employment - Federal Judge Lifts Stay Of ACA Birth Control Mandate Challenge In Michigan

GRAND RAPIDS, Mich. - Right to Life Michigan's action challenging implementation of the Patient Protection and Affordable Care Act (ACA) contraceptive mandate will proceed after a federal judge lifted his stay of the case on Feb. 17 (Right to Life of Michigan v. Sylvia Mathews Burwell, et al., No...

Mealey's Labor & Employment - 11th Circuit Denies Rehearing In ACA Employer Mandate Implementation Challenge

MIAMI - The 11th Circuit U.S. Court of Appeals on Feb. 13 declined to rehear a Patient Protection and Affordable Care Act (ACA) case, leaving stand a divided panel's conclusion that an orthodontist lacked standing to challenge delayed implementation of the law's employer mandate (Kawa Orthodontics...

Mealey's Labor & Employment - North Carolina Court Affirms Workers' Comp Award In Asbestos Case

RALEIGH, N.C. - Evidence supports a finding that a heating and cooling technician suffered asbestos exposure on the job sufficient to award death benefits, a North Carolina appeals court held Feb. 17 (Michael Ray Patton, et al. v. Sears Roebuck & Co., Specialty Risk Services, Carrier, No. COA14-955...

Mealey's Labor & Employment - 4th Circuit Upholds Dismissal Of EEOC's Suit Over Background Checks

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Feb. 20 upheld the rejection of a class complaint filed by the Equal Employment Opportunity Commission, alleging that an employer's use of background checks violates Title VII of the Civil Rights Act of 1964 after determining that the EEOC's...

Mealey's Labor & Employment - Judge: Spouse Lacks Standing To Assert Breach Of Contract In ERISA Suit

TRENTON, N.J. - A spouse lacks standing to assert breach of contract claims against his spouse's former employer regarding an alleged failure to timely send notice for health insurance coverage, a New Jersey federal judge ruled Feb. 18 (John Sacchi v. Katheryn J. Luciani, et al., No. 14-3130, D....

Mealey's Labor & Employment - High Court Grants Cert, Remands Stock-Drop Case In Light Of Fifth Third

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 remanded for further consideration in light of Fifth Third Bancorp v. Dudenhoeffer the 11th Circuit U.S. Court of Appeals' unpublished opinion affirming the dismissal of Employee Retirement Income Security Act breach of fiduciary duty claims by...

Mealey's Labor & Employment - U.S. Supreme Court Denies Cert In Suit Over Section 1983 Age Bias Claim

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 denied writ of certiorari in an appeal over whether the Age Discrimination in Employment Act (ADEA) is the exclusive remedy for age bias in employment (Anthony Hildebrand v. Allegheny County, Pennsylvania, et al., No. 14-363, U.S. Sup.).

Mealey's Labor & Employment - High Court Review Denied Of Prejudice Requirement To Deemed-Exhaustion Exception

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 let stand a 10th Circuit U.S. Court of Appeals ruling that even though a disability plan's summary plan description (SPD) did not comply with the notice and disclosure requirements of the Employee Retirement Income Security Act because it described...

Mealey's Labor & Employment - High Court Will Not Review Preemption Ruling In Subrogation Case

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 declined to review a Second Circuit U.S. Court of Appeals ruling that the Employee Retirement Income Security Act does not preempt a New York state anti-subrogation law that prohibits insurers from obtaining reimbursement of medical benefits from participants'...

Mealey's Labor & Employment - High Court Denies Review Of 3rd Circuit Reimbursement Ruling

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 let stand a Third Circuit U.S. Court of Appeals ruling that a multiemployer welfare benefits plan may seek reimbursement of health benefits paid on behalf of a plan participant who later received a third-party settlement because the plan language established...

Mealey's Labor & Employment - High Court Declines Review In Preemption Ruling Involving UCL Claim

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 denied a petition for writ of certiorari, leaving in place a California Supreme Court decision holding that the Federal Aviation Administration Authorization Act (FAAAA) does not preempt a California unfair competition law (UCL) lawsuit filed by the...

Mealey's Labor & Employment - High Court Denies Certiorari In Suit Over Involving Antitrust, ERISA Claims

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 declined to grant certiorari, which left standing an agreement reached in In re Managed Care Litigation that bars several physicians and physician groups from bringing claims against WellPoint Inc. in In re WellPoint, Inc. Out-of-Network "UCR"...

Mealey's Labor & Employment - U.S. Supreme Court Denies Claimant's Petition In Denial Of Benefits Suit

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 denied a disability claimant's petition for writ of certiorari challenging the 11th Circuit U.S. Court of Appeals' decision that a disability insurer was not required to consider additional documentation the claimant submitted after her appeal...