LexisNexis® Legal Newsroom
Mealey's Labor & Employment - U.S. Supreme Court Won't Consider Whether Negligence Claim Is Preempted By ERISA

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a disability claimant's petition for writ of certiorari of the Sixth Circuit U.S. Court of Appeals' decision that a negligence claim is completely preempted by the Employee Retirement Income Security Act (Samantha Milby v. MCMC LLC, No...

Mealey's Labor & Employment - U.S. Supreme Court Hears Arguments In 3 Class Action Waiver Suits

WASHINGTON, D.C. - The attorney representing employers in two of three consolidated cases over collective and class action arbitration waivers before the U.S. Supreme Court on the morning of Oct. 2 told the justices that arbitration agreements that allow for only individual arbitration must be found...

Mealey's Labor & Employment - U.S. Supreme Court Denies Cert In Multiple Employment-Related Appeals

WASHINGTON, D.C. - The U.S. Supreme Court issued orders on Oct. 2 and denied petitions for writ of certiorari in numerous employment-related cases.

Mealey's Labor & Employment - High Court Declines Appeal Of Suit Over Contributions To Multiemployer Funds

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for writ of certiorari filed by RiverStone Group Inc. asking that the high court decide whether Section 515 of the Employee Retirement Income Security Act requires an employer to continue contributing to a Taft-Hartley fund for hours...

Mealey's Labor & Employment - U.S. High Court Won't Review 5th Circuit Ruling Finding ADEA Bars Damages

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for writ of certiorari filed by an employee asking the high court to overturn a decision by the Fifth Circuit U.S. Court of Appeals holding that no damages beyond lost wages are available in retaliation cases under the Age Discrimination...

Mealey's Labor & Employment - Maryland Federal Judge Narrows Claims Against University For Mishandling Plans

BALTIMORE - A Maryland federal judge on Sept. 28, using guidance from four recently decided cases addressing similar issues, partially granted a motion to dismiss an amended complaint accusing The Johns Hopkins University of allegedly mishandling employee retirement plans (Margaret E. Kelly, et al. v...

Mealey's Labor & Employment - U.S. Supreme Court Won't Decide If American Pipe Tolling Stops

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 declined to answer whether tolling established under American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), terminates after class certification is denied even when renewed motions for class certification follow (ITT Corporation, et al....

Mealey's Labor & Employment - U.S. Supreme Court Won't Resolve Circuit Split In RICO Class Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 declined to resolve a circuit split regarding whether a Racketeer Influenced and Corrupt Organizations (RICO) Act fraud plaintiff must prove reliance to establish causation and whether, to certify a RICO fraud class action, the plaintiff must show that...

Mealey's Labor & Employment - NLRB Submits Correction To Supreme Court Following Class Action Waiver Arguments

WASHINGTON, D.C. - On Oct. 3, one day after the U.S. Supreme Court heard consolidated oral arguments for three cases addressing collective and class action arbitration waivers, general counsel for the National Labor Relations Board submitted a letter to the Supreme Court clerk correcting a portion of...

Mealey's Labor & Employment - Federal Judge Partially Rejects Magistrate's Report In MIT ERISA Plan Case

BOSTON - After considering objections from both sides, a Massachusetts federal judge on Sept. 29 partially accepted and adopted and partially rejected a magistrate judge's report and recommendation in a lawsuit brought against a university and its defined-contribution plan alleging breach of fiduciary...

Mealey's Labor & Employment - Franchisee Not Entitled To Another 'Bite At The Apple' In Employment Benefits Suit

BOSTON - The First Circuit U.S. Court of Appeals on Sept. 29 affirmed a federal district court's finding that under the principles of res judicata, it was bound by a Georgia court judgment in favor of a cleaning franchisor in a dispute over the unit franchisee's classification for the purposes...

Mealey's Labor & Employment - 6th Circuit: U.S. Steel Is Not Vicariously Liable For Same-Sex Harassment

CINCINNATI - U.S. Steel Corp. can't be held vicariously liable for alleged sexual harassment by one male worker toward another male worker because the alleged harasser was not a "supervisor" under Title VII of the Civil Rights Act of 1964 and because it responded appropriately when it was...

Mealey's Labor & Employment - Judge: Claims Related To Company's Employment, Labor Practices; Coverage Barred

BOSTON - A Massachusetts judge on Oct. 2 dismissed a retailer insured's breach of contract and bad faith lawsuit against its management liability insurer after finding that the underlying claims made against the insured are barred from coverage because they are directly tied to, or a natural outgrowth...

Mealey's Labor & Employment - Attorney General Issues Memo Withdrawing 2014 Transgender Title VII Protections

WASHINGTON, D.C. - Attorney General Jeff Sessions issued a memorandum on Oct. 4, withdrawing a December 2014 memorandum that the then-Attorney General Eric Holder had issued, which opined that Title VII of the Civil Rights Act of 1964 encompasses gender identity per se.

Mealey's Labor & Employment - 11th Circuit Finds Firing For Theft Of Intellectual Property Was Not Pretextual

ATLANTA - A chemist was unable to show that his termination for alleged theft of intellectual property, insubordination and poor performance was a pretext for age or race discrimination, an 11th Circuit U.S. Court of Appeals panel ruled Oct. 3, affirming a trial court's decision (Moses Langford v...

Mealey's Labor & Employment - 10th Circuit: Trial Court Erred In Not Instructing Jury On Pretext In Bias Suit

DENVER - A Colorado district court erred when it declined to instruct the jury hearing an employee's gender discrimination and retaliation claims on pretext, a 10th Circuit U.S. Court of Appeals panel ruled Oct. 4, finding that a reasonable jury could have found pretext based on the employee's...

Mealey's Labor & Employment - 11th Circuit Reinstates Wage Suit By Son Who Shadowed Father

ATLANTA - A son who shadowed his father at work for 15 months and then sued for wages following his father's termination may proceed with his claims as his evidence shows that he may have been a trainee during some of the time and an employee during other times, an 11th Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - Infection That Caused Loss Of Eye Was Not 'Accident' Under Policy, Panel Affirms

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Oct. 6 affirmed a lower federal court's finding that a fungal infection that eventually caused a claimant to lose his eye was not an "accident" under his employer's accidental death and dismemberment and life insurance policy...

Mealey's Labor & Employment - 7th Circuit: Being Walked Out, Not The Termination Letter, Started The Clock Ticking

CHICAGO - An employee's filing of an administrative charge within 300 days after he received a notice that his employment was terminated was untimely as the clock began ticking two years earlier when he was escorted out, a Seventh Circuit U.S. Court of Appeals panel ruled Oct. 5 (Arlin T. Calvin...

Mealey's Labor & Employment - Employee's Attorney Asks High Court To Find Age Bias Appeal Was Timely

WASHINGTON, D.C. - Only Congress can set the jurisdiction of trial courts under the nation's constitutional structure, and based on that principle, Federal Rule of Appellate Procedure 4(a)(5)(C) is nonjurisdictional, the attorney representing an employee in an age bias dispute argued Oct. 10 before...

Mealey's Labor & Employment - 5th Circuit Rejects Fired School Counselor's Disability Bias, Other Claims

NEW ORLEANS - A fired school counselor who complained of medical issues that prevented him from standing for long periods of time failed to show that his termination was the result of disability discrimination or his filing of a complaint with the Equal Employment Opportunity Commission, a Fifth Circuit...

Mealey's Labor & Employment - 11th Circuit Says Plan Did Not Have Actual Knowledge Of Employee's Incompetence

ATLANTA - The 11th Circuit U.S. Court of Appeals on Oct. 10 affirmed a district court's grant of summary judgment in favor of a retirement plan administrator after determining that the administrator's refusal to reinstate an employee's retirement benefits, based on the fact that the employee...

Mealey's Labor & Employment - Panel Says Pension Plan Participants Lacked Standing Once Plan Was Overfunded

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Oct. 12 determined that a Minnesota federal judge properly dismissed a putative class action filed by pension plan participants alleging violations of the Employee Retirement Income Security Act because once the plan was overfunded, the plaintiffs...

Mealey's Labor & Employment - Panel Affirms Dismissal, Says Plan Participant Failed To Prove Breach Occurred

NEW YORK - The Second Circuit U.S. Court of Appeals on Oct. 11 affirmed a Connecticut federal judge's dismissal of a retirement plan participant's suit alleging that the plan's service provider breached its fiduciary duties, determining that the plan participant failed to prove that a fee...

Mealey's Labor & Employment - 7th Circuit Affirms No Class Certification In Union Fair-Share Fee Suit

CHICAGO - Too many individualized issues predominate in a suit over public employees who were forced to pay fees to a union, even if they were not members, a Seventh Circuit U.S. Court of Appeals panel ruled Oct. 11, upholding a trial court's ruling in a case on remand from the U.S. Supreme Court...