LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Jury Demand Stricken By North Carolina Judge In Benefits Dispute

GREENSBORO, N.C. - An allegation that three defendants violated the anti-cutback provision of the Employee Retirement Income Security Act with an amendment to their pension plan survived a motion to dismiss Jan. 19 in North Carolina federal litigation (Carolyn Wood v. General Dynamics Corporation, et...

Mealey's Labor & Employment - Oregon Magistrate Judge Grants Plaintiff Judgment On ERISA Claims

PORTLAND, Ore. - A claim for distribution of $773,621.32 in retirement benefits under the Employee Retirement Income Security Act was granted Jan. 20 by an Oregon federal magistrate judge, who deemed a plaintiff entitled to summary judgment (David C. Perry v. Barry Bloomberg, et al., No. 15-408, D. Ore...

Mealey's Labor & Employment - 11th Circuit Appeal Challenges Expert, Causation, Duty To Household Members

ATLANTA - A power company on Jan. 19 asked the 11th Circuit U.S. Court of Appeals to throw out a $3 million asbestos verdict against it, saying it owed no duty to household members while also challenging causation and expert witnesses (Melissa Ann Bobo and Sharon Jean Cox, as co-personal representatives...

Mealey's Labor & Employment - Fair Credit Reporting Act Class Action Against Big Lots Survives Dismissal

CHICAGO - An Illinois federal judge on Jan. 19 concluded that a plaintiff sufficiently alleged that Big Lots Stores Inc. did not comply with the stand-alone disclosure requirement of the Fair Credit Reporting Act (FCRA) when it obtained a consumer report on a prospective employee, denying the retailer's...

Mealey's Labor & Employment - High Court: 9th Circuit Erred In Evaluating Fiduciary Breach Complaint Under Fifth Third

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 25 in a per curiam opinion reversed the Ninth Circuit U.S. Court of Appeals' ruling that participants in eligible individual account plans (EIAPs) sponsored by Amgen Inc. sufficiently alleged that the plans' fiduciaries breached their fiduciary...

Mealey's Labor & Employment - High Court Vacates 11th Circuit Remedies Ruling, Remands In Light Of Montanile

WASHINGTON, D.C. - The U.S. Supreme Court in a summary disposition on Jan. 25 vacated the 11th Circuit U.S. Court of Appeals' divided opinion that a welfare benefits plan was entitled to reimbursement of medical costs it spent on behalf of a plan participant because the plan created an equitable...

Mealey's Labor & Employment - High Court Denies Review Of Cash-Balance Plan's 'Normal Retirement Age' Definition

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 25 denied PricewaterhouseCoopers LLP's petition seeking review of a Second Circuit U.S. Court of Appeals ruling that the company's cash-balance pension plan violates the Employee Retirement Income Security Act because it defines "normal retirement...

Mealey's Labor & Employment - Federal Judge Addresses Proposed Remedy, Notice In Cash-Balance Conversion Case

NEW HAVEN, Conn. - In litigation over Cigna Corp.'s conversion from a traditional defined-benefit pension plan to a cash-balance plan that has been pending for 15 years, a federal judge in Connecticut on Jan. 21 ruled that the required notice of reduction in benefit accrual should include the formulas...

Mealey's Labor & Employment - Discovery Motion Partially Granted In Mental Health Coverage Dispute

SAN FRANCISCO - A California federal magistrate judge on Jan. 21 granted in part a motion to compel United Behavioral Health (UBH) to produce redacted or withheld documents in a class complaint accusing the insurance provider of wrongfully denying coverall for mental health and substance abuse-related...

Mealey's Labor & Employment - 2nd Circuit Won't Reconsider Ruling That Posthumous Order Is QDRO Under ERISA

NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 22 voted 2-1 to deny panel rehearing of its divided ruling that posthumous state court nunc pro tunc domestic relations orders constitute valid qualified domestic relations orders (QDRO) excepted from the Employee Retirement Income Security...

Mealey's Labor & Employment - Paramount, Others Hit With Class Wage Suit By Parking Production Assistants

NEW YORK - Four parking production assistants (PPAs) employed by Paramount Pictures Corp. and other production companies filed a class suit Jan. 21 in New York federal court alleging that they were denied overtime pay, forced to work without any breaks and often forced to go to the bathroom in their...

Mealey's Labor & Employment - RadioShack Plan Participants' Stock-Drop Suit Partially Settled, Dismissed

FORT WORTH, Texas - A Texas federal judge on Jan. 25 in two separate rulings granted preliminary approval of a $900,000 settlement by the trustees of two RadioShack 401(k) plans and partially dismissed the claims against the RadioShack directors and members of the administrative committee in a consolidated...

Mealey's Labor & Employment - Aetna Prevails In 1 Wisconsin ERISA Case; Dismissal Denied in Another

MADISON, Wis. - A challenge by the University of Wisconsin Hospitals and Clinics Authority (UWHCA) of an insurer's denial of payment was rejected on summary judgment Jan. 25 by a Wisconsin federal judge in light of an anti-assignment provision in the parties' contract; the same day, UWHCA's...

Mealey's Labor & Employment - Judge Partially Strikes Pay-Related Claims Against Technology Firms

SAN DIEGO - A California federal judge on Jan. 25 partially granted a motion to strike class claims for violation of the California Labor Code and the unfair competition law (UCL) asserted by a former employee of technology entities, allowing his representative claim for violation of the Private Attorney...

Mealey's Labor & Employment - Judgment For Employer In Contract Dispute Upheld; Attorney Fees Reversed

SAN FRANCISCO - A California appeals court on Jan. 26 upheld a summary judgment ruling for an employer in a contract dispute but reversed the award of attorney fees, finding that the trial court improperly applied an outdated version of California Labor Code Section 218.5 (USS-POSCO Industries v. Floyd...

Mealey's Labor & Employment - Asbestosis Is Disease, Not Category Of Illness, Ohio Court Affirms

LIMA, Ohio - Asbestosis refers to a specific disease and not asbestos-related diseases such as lung cancer, an Ohio appeals court held Jan. 25 in affirming a widow's right to participate in the state's workers' compensation system (Fayrene Dennis, surviving spouse of Johnny Dennis v. General...

Mealey's Labor & Employment - Lyft Agrees To Settle California Drivers' Wage Claims For $12.25M

SAN FRANCISCO - Drivers who filed a class complaint against Lyft Inc., which provides drive-sharing services, alleging various wage violations filed a motion Jan. 26 in the U.S. District Court for the Northern District of California seeking preliminary approval of a $12.25 million settlement (Patrick...

Mealey's Labor & Employment - Modification Motion Granted In 'Crowdsourcing' Wage Suit Class Settlement

SAN FRANCISCO - A California federal judge on Jan. 26 granted an amended motion filed jointly by the parties in a wage-and-hour class suit filed by workers who were paid on a per-task basis to modify the July order approving a $585,507 settlement (Christopher Otey, et al. v. CrowdFlower, Inc., et al...

Mealey's Labor & Employment - 8th Circuit Affirms Calculation Of Retirement Benefits By Administrator

ST. LOUIS - A $142,737 payment was properly excluded from pension-qualifying earnings as a moving expense by the Terminal Railroad Association of St. Louis Pension Plan for Nonscheduled Employees (the plan), the Eighth Circuit U.S. Court of Appeals ruled Jan. 29 in a case brought pursuant to the Employee...

Mealey's Labor & Employment - Marriott Prevails In ERISA Action Over Deferred Stock Plan

RICHMOND, Va. - The Fourth U.S. Circuit Court of Appeals on Jan. 29 reversed a Maryland federal judge's decision that deemed timely allegations that Marriott International Inc. violated the vesting requirements of the Employee Retirement Income Security Act (Dennis Bond Sr., et al. v. Marriot International...

Mealey's Labor & Employment - 2nd Circuit Upholds Enforcement Of Arbitration Forum Waivers

NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 28 upheld a ruling that Rule 13200 of the Financial Industry Regulatory Authority (FINRA) does not bar enforcement of predispute waivers of a FINRA arbitral forum (Credit Suisse Securities [USA] LLC v. John David Tracy, et al., No. 15-0345,...

Mealey's Labor & Employment - 2nd Circuit: Police Chief Owed Immunity From Retaliation Suit

NEW YORK - A trial court erred when it denied qualified immunity to a police chief in a 42 U.S. Code Section 1983 retaliation suit as "there was no clearly established precedent at the time of the defendant's conduct that her conduct violated constitutional norms," a Second Circuit U.S...

Mealey's Labor & Employment - 4th Circuit Refuses To Review National Guard Officer's Section 1983 Claim

RICHMOND, Va. - A Fourth Circuit U.S. Court Appeals panel on Jan. 29 declined to review a National Guard officer's 42 U.S. Code Section 1983 claim based on the military abstention doctrine set forth in Feres v. United States (340 U.S. 135 [1950]) (Frederick Aikens v. William E. Ingram, Jr., et al...

Mealey's Labor & Employment - Panel: Pension Fund Pleaded Loss Causation In Making Securities Claims

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Feb. 1 affirmed in part and reversed and remanded in part a federal district court's ruling in a securities class action lawsuit, holding that a pension fund properly pleaded scienter and loss causation in making certain claims pursuant...

Mealey's Labor & Employment - 7th Circuit Reverses Summary Judgment Ruling In Reverse Racism Suit

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Feb. 3 reversed a trial court's grant of summary judgment for employers in a racial discrimination suit filed by a white construction worker (Terry Deets v. Massman Construction Company, et al., No. 15-1411, 7th Cir.; 2016 U.S. App. LEXIS 1770...