Mealey's Labor & Employment - Magistrate: Discrimination Plaintiff Failed To Show Relevance Of Documents

PHILADELPHIA - Denying a Delaware man's motion to compel documents from his employer, a Pennsylvania federal magistrate judge on Sept. 5 found that the employment discrimination plaintiff did not meet his burden of establishing that the sought documents serve to establish his disparate treatment...

Mealey's Labor & Employment - 5th Circuit Revives Public Information Officer's Gender Bias Claims

NEW ORLEANS - The former director of the Texas Department of Criminal Justice's (TDCJ) Public Information Office, who was demoted for various time-keeping violations, may proceed with her gender bias claims, the Fifth Circuit U.S. Court of Appeals ruled Sept. 9, reversing a trial court's summary...

Mealey's Labor & Employment - Judge Partially Grants Motions Seeking Exclusion Of Catalogs, Insurance From Trial

SALT LAKE CITY - Product catalogs, evidence of trade association knowledge and defendants' insurance coverages are admissible in an asbestos trial only to the extent that they address the products and knowledge at issue, questions that can be answered as they arise at trial, a Utah federal judge...

Mealey's Labor & Employment - U.S. House Extends Grandfathering Of Insurance For Small Businesses

WASHINGTON, D.C. - The U.S. House of Representatives on Sept. 11 passed legislation grandfathering more insurance plans from compliance with the Patient Protection and Affordable Care Act (ACA) minimum coverage standards

Mealey's Labor & Employment - Court Halts Briefing After Government Moves For Remand In Birth Control Case

DETROIT - The Sixth Circuit U.S. Court of Appeals on Sept.12 held briefing of a Patient Protection and Affordable Care Act (ACA) contraceptive mandate challenge in abeyance until resolution of the government's unopposed motion to remand (Mersino Management Co., et al. v. Sylvia Burwell, et al., No...

Mealey's Labor & Employment - Court: Stipulated Exposure Doesn't Shift Employee's Causation Burden

INDIANAPOLIS - Even where an employer concedes exposure in an asbestos-related workers' compensation case, an employee still carries the burden of demonstrating that the exposure gave rise to his disease, an Indiana appeals court held Sept. 10 (Mary Ragon as personal representative of the estate...

Mealey's Labor & Employment - Judge: Asbestos Worker Has Valid Injury Case From World Trade Center Remediation

NEW YORK - A federal judge in New York on Sept. 9 ruled that an asbestos worker raised a triable issue of fact with regard to the injuries he suffered while remediating the World Trade Center disaster site following the Sept. 11 terrorist attacks (In Re: World Trade Center Lower Manhattan Disaster Site...

Mealey's Labor & Employment - Ohio Teacher Unions Settle Claims By Nonmembers Over Fees

COLUMBUS, Ohio - An Ohio federal judge on Sept. 9 granted final approval of a settlement by 11 Ohio teacher unions in a class complaint filed by non-union teachers challenging the fees they were required to pay (Kathleen Thaxton, et al. v. Ohio Education Association, et al., No. 11-707, S.D. Ohio).

Mealey's Labor & Employment - State Law Claims Are Preempted By ERISA, Mississippi Federal Judge Says

GULFPORT, Miss. - A Mississippi federal judge on Sept. 10 dismissed a disability claimant's suit against an insurer after determining that the state law claims alleged in the complaint are preempted by the Employee Retirement Income Security Act (Sheila Smith Foto v. Standard Insurance Co. et al...

Mealey's Litigation Procedure - Michigan Federal Judge Denies Discovery Motion In Retirement Benefits Tax Dispute

FLINT, Mich. - A Michigan federal judge on Sept. 11 overruled objections to a magistrate judge's order that denied a motion to compel discovery and denied a motion to compel compliance with subpoenas that were filed by a Michigan man in his class complaint accusing his former employer of violating...

Mealey's Labor & Employment - ACA Changes Allow Renewal Of Black Lung Cases, 11th Circuit Holds

ATLANTA - The Patient Protection and Affordable Care Act (ACA)'s elimination of the causation requirement in Black Lung benefits cases permits pursuit of a denied claim originally made final in 2006, an 11th Circuit U.S. Court of Appeals panel held Sept. 12 (Jim Walter Resources Inc. v. Director...

Mealey's Labor & Employment - California Judge Allows Limited Discovery In Denial Of Health Benefits Suit

SAN DIEGO - A federal judge in California on Sept. 12 granted a plaintiff's motion for limited discovery beyond the administrative record in his wrongful denial of benefits case (Christopher Brown v. United Healthcare Insurance Co., et al., No. 14-661, S.D. Calif.; 2014 U.S. Dist. LEXIS 128219).

Mealey's Labor & Employment - Michigan Federal Judge Denies Discovery Motion In Retirement Benefits Tax Dispute

FLINT, Mich. - A Michigan federal judge on Sept. 11 overruled objections to a magistrate judge's order that denied a motion to compel discovery and denied a motion to compel compliance with subpoenas that were filed by a Michigan man in his class complaint accusing his former employer of violating...

Mealey's Labor & Employment - California Federal Judge Partially Certifies Wal-Mart Drivers' Wage Class

SAN FRANCISCO - A California federal judge on Sept. 10 partially certified a class of Wal-Mart truck drivers who are suing the retailer for various wage violations (Charles Ridgeway, et al. v. Wal-Mart Stores Inc., a Delaware Corporation dba Wal-Mart Transportation LLC, et al., No. 08-5221, N.D. Calif...

Mealey's Labor & Employment - California Magistrate Judge Orders Amended Motion In CVS Wage Settlement

FRESNO, Calif. - A California federal magistrate judge on Sept. 11 declined to approve a $900,000 settlement by CVS Pharmacy Inc. to end wage claims filed by distribution center workers and ordered the plaintiffs to file an amended motion with additional evidentiary support (Leticia Ceja-Corona, et al...

Mealey's Labor & Employment - Plaintiffs In Reimbursement MDL Oppose Dismissal Of Complaint, Support Amendment

NEWARK, N.J. - Plaintiffs involved in an antitrust and racketeering multidistrict litigation case accusing Aetna Inc. of underpaying out-of-network reimbursement claims asked a New Jersey federal court on Sept. 12 to deny the defendant's motion to dismiss the suit, which Aetna had filed just two...

Mealey's Labor & Employment - Texas Panel: Insurer Was Prejudiced By Late Notice Of Wrongful Termination Claim

CORPUS CHRISTI, Texas - A Texas appeals panel on Sept. 11 affirmed a lower court's ruling that an excess insurer was prejudiced by an insured's late notice of an arbitration claim arising from the alleged wrongful termination of a former employee (C.L. Thomas Inc. and Thomas Fuels Lubricants...

Mealey's Labor & Employment - 5th Circuit: Former University Director May Proceed With Free Speech Claim

NEW ORLEANS - A university director who was forced to resign after telling a member of a U.S. representative's staff that he believed the representative was a "fear monger" may proceed with his free speech claim against his former employer, the Fifth Circuit U.S. Court of Appeals ruled...

Mealey's Labor & Employment - 3rd Circuit Upholds Nurse's Firing, Orders Him To Pay Back Student Loan

PHILADELPHIA - A Pennsylvania nurse who was fired from his job just a few months after he started failed to prove that his termination was due to anything other than his poor performance, so he must pay back the student loan provided by his employer, the Third Circuit U.S. Court of Appeals ruled Sept...

Mealey's Labor & Employment - Physician Group Defends Standing In ACA Tax Case From Seemingly Skeptical Panel

MILWAUKEE - A cash-only physicians group challenging the Internal Revenue Service's implementation of the Patient Protection and Affordable Care Act (ACA) faced repeated questioning during Sept. 16 oral arguments from a Seventh Circuit U.S. Court of Appeals panel seemingly skeptical of its standing...

Mealey's Labor & Employment - 6th Circuit Denies Rehearing After Refusing To Enjoin Birth Control Mandate

GRAND RAPIDS, Mich. - The Sixth Circuit U.S. Court of Appeals on Sept. 16 denied en banc rehearing in a pair of cases challenging the Patient Protection and Affordable Care Act (ACA) contraceptive mandate opt-out, leaving stand a June decision affirming denial of injunctive relief (Michigan Catholic...

Mealey's Labor & Employment - 11th Circuit: Fired Body Shop Worker Failed To Show His Race Was A Factor

ATLANTA - A former body shop employee who was fired after fighting at work failed to prove that he was terminated due to his race, the 11th Circuit U.S. Court of Appeals ruled Sept. 16 (Eric Archie v. Frank Cockrell Body Shop, Inc., No. 13-14108, 11th Cir.; 2014 U.S. App. LEXIS 17741).

Mealey's Labor & Employment - 5th Circuit: Represented Parties May Invoke Exceptions To Named-Party Requirement

NEW ORLEANS - People who are represented by counsel when filing charges with the Equal Employment Opportunity Commission may, like pro se parties, invoke the judicially recognized exceptions to Title VII of the Civil Rights Act of 1964's named-party requirement, a Fifth Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - 2nd Circuit: Remand To ERISA Plan Administrator Is Not Final Appealable Order

NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 16 dismissed a disability plan administrators' appeal of a federal district court's order remanding a claim for benefits under the Employee Retirement Income Security Act to the administrator, ruling that the remand order is not an...

Mealey's Labor & Employment - 3rd Circuit: Equal Pay Act Complaint Barred By Res Judicata

PHILADELPHIA - An employee whose previous gender, age and national origin discrimination claims against her former employer failed cannot now bring a new lawsuit alleging violations of the Equal Pay Act, a Third Circuit U.S. Court of Appeals panel ruled Sept. 18 (Tomoko Funayama v. Nichia America Corporation...