NEW ORLEANS - Claims time-barred in state court may not be revived by Federal Rule of Civil Procedure 15(c) once the case is removed to federal court, the Fifth Circuit U.S. Court of Appeals ruled March 10 (Reinaldo J. Taylor v. Bailey Tool & Manufacturing Company, No. 13-10715, 5th Cir.; 2014 U.S. App. LEXIS 4438).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on March 10 rejected a worker's claim that he was wrongfully fired after testing positive for a controlled substance without a prescription during a random drug test at work (Sergio Cardiel v. Apache Corporation, No. 13-10646, 5th Cir.; 2014 U.S. App. LEXIS 4434).
WASHINGTON, D.C. - The U.S. Supreme Court on March 10 denied the petition of writ of certiorari filed in a fishing vessel employee's lawsuit seeking to set aside a previously reached settlement in a workers' compensation dispute (Hugo Rosales v. Icicle Seafoods, Inc., et al., No. 13-8072, U.S. Sup.; 2014 U.S. LEXIS 1798).
WEST PALM BEACH, Fla. - A Florida federal judge on March 6 denied a motion to dismiss claims asserted against ambulatory surgical centers and billing companies for allegedly fraudulently billing for chiropractic services, saying that the Employee Retirement Income Security Act did not preempt the claims (United Healthcare Services Inc., et al. v. Sanctuary Surgical Inc., et al., No. 10-81589, S.D. Fla.; 2014 U.S. Dist. LEXIS 28824).
SAN FRANCISCO - The termination of three employees at an Arizona rental truck facility did not constitute age discrimination or intentional infliction of emotional distress despite the firings being broadcast over closed circuit televisions, a Ninth Circuit U.S. Court of Appeals panel ruled March 6 (John Howard, et al. v. Ryder Truck Rental, Inc., AKA Ryder System, Inc., AKA Ryder Transportation Services, No. 12-15530, 9th Cir.; 2014 U.S. App. LEXIS 4210).
WASHINGTON, D.C. - The U.S. Supreme Court on March 10 declined to hear the appeal of a June 2013 decision by the District of Columbia Circuit U.S. Court of Appeals upholding the rejection of two cases by pilots challenging the nonretroactivity provision of a federal rule that extended the maximum age for piloting commercial flights by five years (George Emory, et al. v. United Air Lines, Inc., et al., No. 13-826, U.S. Sup.; 2014 U.S. LEXIS 1870).
WASHINGTON, D.C. - The U.S. Supreme Court on March 10 declined to hear an appeal in a lawsuit over an employer's obligation to provide illegal immigrants with minimum and overtime wages (Jerusalem Cafe, LLC, et al v. Elmer Lucas, et al., No. 13-682, U.S. Sup.; 2014 U.S. LEXIS 1863).
WASHINGTON, D.C. - The U.S. Supreme Court on March 10 denied review of a divided Fifth Circuit U.S. Court of Appeals ruling that former employees' deferred compensation arrangements did not constitute Employee Retirement Income Security Act-governed plans because they did not require "an ongoing administrative scheme" (Briggs & Veselka Corp. v. Carol A. Cantrell, et al., No. 13-824, U.S. Sup.).
ATLANTA - A long-term disability insurer did not act arbitrarily or capriciously in denying benefits to a participant in the absence of objective evidence that she suffered from seizures, the 11th Circuit U.S. Court of Appeals affirmed March 5 in an unpublished opinion (Melissa R. Bloom v. Hartford Life and Accident Insurance Company, No. 13-10827, 11th Cir.; 2014 U.S. App. LEXIS 4081).
LOS ANGELES - A labor economist and professor on March 6 presented expert testimony in support of current California teacher employer laws in the lawsuit filed in Los Angeles County Superior Court by California students challenging the constitutionality of those laws (Beatriz Vergara, et al. v. State of California, et al., No. BC484642, Calif. Super., Los Angeles Co.).
CINCINNATI - Employers that are challenging the amount of reallocation liability assessed by a multiemployer pension plan must arbitrate their claims prior to bringing their dispute in federal court, the Sixth Circuit U.S. Court of Appeals ruled March 4 (Knall Beverage, Inc., et al. v. Teamsters Local Union No. 293 Pension Plan, et al., No. 13-3698, 6th Cir.; 2014 U.S. App. LEXIS 3981).
BOSTON - A disability plan participant's claim challenging the calculation of his benefits under the Employee Retirement Income Security Act is untimely, the First Circuit U.S. Court of Appeals held March 4, rejecting the participant's theory that, similar to an installment contract, a new accrual period began with each benefits check (Robert Riley v. Metropolitan Life Insurance Company, No. 13-2166, 1st Cir.; 2014 U.S. App. LEXIS 3990).
LOS ANGELES - Los Angeles County Superior Court Judge Rolf M. Treu on March 4 denied motions for judgment filed by the defendants and intervenors in the lawsuit filed by California students against the state challenging teacher employment laws (Beatriz Vergara, et al. v. State of California, et al., No. BC484642, Calif. Super., Los Angeles Co.).
NEW ORLEANS - An investment adviser to employee benefit plans was not a fiduciary under the Employee Retirement Income Security Act because he did not exercise discretionary authority or control over the challenged investment, the Fifth Circuit U.S. Court of Appeals affirmed Feb. 28 (Eric Tiblier, et al. v. Paul Dlabal, et al., No. 13-50344, 5th Cir.; 2014 U.S. App. LEXIS 3897).
ATLANTA - A federal district court did not err in upholding a disability plan's denial of benefits to a participant who sought benefits based on her asthma symptoms under the Employee Retirement Income Security Act because the participant failed to demonstrate that she was unable to work in her occupation for other employers and because the participant did not seek medical treatment for five months, the 11th Circuit U.S. Court of Appeals affirmed Feb. 28 in an unpublished opinion (Tazenna Kennedy v. United of Omaha Life Insurance Company, No. 12-15057, 11th Cir.; 2014 U.S. App. LEXIS 3811).
BOSTON - A Massachusetts federal judge on Feb. 28 partially dismissed as time-barred a class complaint filed by former employees of two now-defunct companies alleging they were denied pay and benefits owed under the Worker Adjustment and Retraining Notification (WARN) Act of 1988 (Gregory Cleary, et al. v. American Capital, Ltd., No. 13-12652, D. Mass.; 2014 U.S. Dist. LEXIS 25990).
ATLANTA - A man who was fired from his job after working for the same company for more than 35 years may proceed with his retaliatory hostile work environment claim because that issue was never specifically addressed by the magistrate judge whose recommendation to dismiss the employee's claims was adopted by the trial court, the 11th Circuit U.S. Court of Appeals ruled Feb. 27 (Richard V. Kelly v. Dun & Bradstreet, Inc., No. 13-11060, 11th Cir.; 2014 U.S. App. LEXIS 3709).
WASHINGTON, D.C. - The U.S. Supreme Court on March 3 denied review of a Ninth Circuit U.S. Court of Appeals ruling that a district court abused its discretion when it remanded a claim for denial of health benefits under the Employee Retirement Income Security Act to the plan administrator (The Beverly Hills Hotel and Bungalows Employee Benefit Trust Employee Welfare Plan v. Ana Martinez, No. 13-818, U.S. Sup.).
WASHINGTON, D.C. - The whistle-blower protection provision of the Sarbanes-Oxley Act (SOX) protects "employees of private contractors and subcontractors, just as it shelters employees of the public company served by the contractors and subcontractors," a split U.S. Supreme Court ruled March 4 (Jackie Hosang Lawson, et al. v. FMR LLC, et al., No. 12-3, U.S. Sup.; 2014 U.S. LEXIS 1783).
MIAMI - A man's successful settlement of an age discrimination lawsuit against his employer was nullified when his daughter's social network posting revealed that the man had violated the settlement's nondisclosure agreement, a Florida appeals panel ruled Feb. 26, declining to enforce the agreement (Gulliver Schools Inc., et al. v. Patrick Snay, No. 3D13-1952, Fla. App., 3rd Dist.; 2014 Fla. App. LEXIS 2595).
SAN DIEGO - A California federal judge on Feb. 27 rejected a motion to reconsider certifying a class of employees suing Jenny Craig Inc. for federal and state wage violations after opining that the lead named plaintiff failed to successfully argue that there was new controlling law (Nashonna Coleman v. Jenny Craig, Inc., No. 11-1301, S.D. Calif.; 2014 U.S. Dist. LEXIS 26260).
BIRMINGHAM, Ala. - An Alabama federal judge on Feb. 28 approved a $170,000 settlement of the overtime claims filed by firefighters against their employer (Kenneth Camp, et al. v. The City of Pelham, No. 10-1270, N.D. Ala.; 2014 U.S. Dist. LEXIS 25864).
DALLAS - A Texas federal judge on Feb. 27 remanded a health care reimbursement suit between a health care provider and insurer to state court, saying the claims were not preempted (Texas Center for Obesity Surgery v. UnitedHealthCare of Texas Inc., et al., No. 13-922, N.D. Texas; 2014 U.S. Dist. LEXIS 24996).
NEWARK, N.J. - A New Jersey federal judge on Feb. 27 granted partial summary judgment in favor of an insurer in a health care benefits reimbursement dispute, dismissing the claims asserted by the plaintiff but denying the defendant's motion for recovery for its counterclaim and request for attorney fees (New Jersey Back Institute ASO Juan Rodriguez v. Horizon Blue Cross Blue Shield Insurance Co., No. 12-4985, D. N.J.; 2014 U.S. Dist. LEXIS 25639).
WASHINGTON, D.C. - The U.S. Supreme Court on March 3 denied review of a First Circuit U.S. Court of Appeals ruling that private equity funds that invested in a company that later went bankrupt were liable for the company's withdrawal liability under the "trades or businesses" aspect of the two-part "control group" test under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) (Sun Capital Partners III, LP, et al. v. New England Teamsters & Trucking Industry Pension Fund, et al., No. 13-648, U.S. Sup.).