LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Denial Of Disability Claim Was Not Arbitrary And Capricious, Panel Says

DENVER - A district court did not err in finding that a claims administrator's termination of long-term disability (LTD) benefits was not arbitrary and capricious because substantial evidence exists to support the termination of benefits, the 10th Circuit U.S. Court of Appeals said May 9 (Tracy Blair...

Mealey's Labor & Employment - Disability Claimant's Breach Of Fiduciary Duty Claim Can Stand, 8th Circuit Panel Says

ST. LOUIS - The Eighth Circuit U.S. Court of Appeal on May 8 remanded a disability claimant's suit after determining that the District Court erred in dismissing the claimant's breach of fiduciary claim because the breach of fiduciary duty claim is based on a different theory of liability than...

Mealey's Labor & Employment - Split 6th Circuit Orders Reconsideration Of Pension Benefits During Military Leave

CINCINNATI - A trial court must reconsider how pension benefits during military leave are calculated, a split Sixth Circuit U.S. Court of Appeals panel ruled May 10, finding that other cases outside of its circuit examining the 12-month look-back rule in the Uniformed Services Employment and Reemployment...

Mealey's Labor & Employment - Groups File Amicus Briefs In 5th Circuit Challenging DOL's New Fiduciary Rule

NEW ORLEANS - The Washington Legal Foundation (WLF) and Thrivent Financial for Lutherans on May 9 filed separate amicus curiae briefs in the Fifth Circuit U.S. Court of Appeals in support of the U.S. Chamber of Commerce and other business group's efforts to reverse a Texas federal judge's ruling...

Mealey's Labor & Employment - Texas Federal Judge Says Denial Of Disability Claim Is Supported By Evidence

DALLAS - A Texas federal judge on May 9 determined that a disability insurer did not wrongfully deny a claim for breast augmentation surgery under a short-term disability (STD) plan because the evidence supports the insurer's conclusion that the surgery was cosmetic and not necessary to treat the...

Mealey's Labor & Employment - 8th Circuit Panel Again Reverses, Sends Ex-Workers' Bias Claims To Arbitration

ST. LOUIS - After a rehearing, an Eighth Circuit U.S. Court of Appeals panel on May 11 reversed and remanded a Minnesota federal judge's ruling denying General Mills Inc.'s motion to compel individual arbitration, again finding that 33 laid-off General Mills workers must have their age discrimination...

Mealey's Labor & Employment - 9th Circuit Panel Says Wrong Standard Of Review Applied In Disability Suit

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on May 11 reversed a district court's ruling in favor of a disability insurer after determining that the district court applied the wrong standard of review pursuant to California law (Talana Orzechowski v. The Boeing Company Non-Union Long...

Mealey's Labor & Employment - 4th Circuit Affirms CBA Wording Kills Retirees' Claim That Benefits Had Vested

RICHMOND, Va. - After a rehearing, a Fourth Circuit U.S. Court of Appeals panel on May 11 affirmed that a federal judge correctly ruled that health benefits for United Steel Workers retirees of a West Virginia aluminum manufacturer did not vest and were properly altered unilaterally by the company because...

Mealey's Labor & Employment - Split 1st Circuit Rules On 2 Arbitration Issues Of First Impression

BOSTON - Deciding two questions of first impression in its circuit, a divided First Circuit U.S. Court of Appeals panel on May 12 ruled that the applicability of the Federal Arbitration Act (FAA) is a threshold question for a court to determine in a case where the parties have delegated questions of...

Mealey's Labor & Employment - 7th Circuit Orders Judgment Vacated Due To Mootness In Police Tattoo Dispute

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on May 10 instructed a trial court to vacate its judgment in favor of a police department in a class dispute over covering police officers' tattoos as moot after the matter was resolved in favor of the officers by an arbitrator (Daniel Medici...

Mealey's Labor & Employment - High Court Denies Appeal Of Suit Over California City's Overtime Rate Calculation

WASHINGTON, D.C. - The U.S. Supreme Court on May 15 denied a petition for writ of certiorari filed by a California city seeking reversal of a Ninth Circuit U.S. Court of Appeals ruling that the city erred when it failed to include payment for unused benefits when calculating its police officers'...

Mealey's Labor & Employment - 4th Circuit Panel Reverses ERISA Claim Dismissal, Says Factual Development Needed

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on May 11 reversed and remanded a Virginia federal judge's ruling that a benefits director's Employee Retirement Income Security Act claim failed to allege that he testified or gave information in any "inquiry or proceeding,"...

Mealey's Labor & Employment - Restaurant Managers' Wage Suit Survives Dismissal Motion, Is Transferred To Missouri

PEORIA, Ill. - An Illinois federal judge on May 12 ruled that a class complaint accusing a fast food restaurant of failing to pay managers overtime survives dismissal because its claims are sufficiently different from another wage suit filed first in Missouri federal court against the same defendant;...

Mealey's Labor & Employment - Judge Keeps Oscar De La Renta Interns' Wage Suit In New York Federal Court

NEW YORK - A former fashion house intern suing for unpaid wages has failed to show that judicial interests weigh in favor of sending her class complaint back to federal court, a New York federal judge ruled May 12, leaving open the option for the plaintiff file a new application to remand in the future...

Mealey's Labor & Employment - Papa John's Franchise Owners' Class Action Waiver Is Declared Invalid

SAN DIEGO - A class action waiver that was part of the arbitration agreement between the owner of Papa John's Pizza franchises and an employee who filed a class complaint is invalid because it precludes the employee from engaging in at least one of the three types of concerted actions the National...

Mealey's Labor & Employment - $2 Million Costco Truck Drivers' Wage Settlement Is Granted Preliminary Approval

SAN DIEGO - A California federal judge on May 11 granted preliminary approval of a $2 million settlement proposed by Costco Wholesale Corp. to end truck drivers' wage claims, less than a month after the same judge rejected the proposed settlement for the second time; however, the judge noted that...

Mealey's Labor & Employment - 9th Circuit Says Disability Claimant Failed To Provide Objective Medical Findings

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeal on May 11 affirmed a district court's ruling after determining that a long-term disability (LTD) claim was properly denied because the claimant failed to provide any objective medical findings in support of the claim for benefits (Tricia Z. Cooper...

Mealey's Labor & Employment - 11th Circuit Panel: ERISA Doesn't Let Paper Company Sue Pension Fund Over Changes

ATLANTA - In a case of first impression, a three-judge 11th Circuit U.S. Court of Appeals panel ruled May 16 that a corrugated packaging and paper company could not sue a multiemployer pension plan under the Employee Retirement Income Security Act because the statute does not allow employers to sue over...

Mealey's Labor & Employment - Costco FCRA Disclosure Class Suit Is Sent Back To State Court

SEATTLE - A Washington federal judge on May 16 remanded a class suit accusing Costco Wholesale Corp. of violating the Fair Credit Reporting Act (FCRA) by failing to provide a full and correct disclosure when requesting authorization to conduct background checks of job applicants, finding that a lack...

Mealey's Labor & Employment - Judge Declines To Strike Expert's Interest Analysis For Tribe's ERISA Claims

BAY CITY, Mich. - If an Indian tribe prevails on its claim that its health care plan administrator violated the Employee Retirement Income Security Act by charging hidden fees and pursues prejudgment interest, its expert on calculating the interest amount can offer his analysis at trial, a Michigan federal...

Mealey's Labor & Employment - Split 3rd Circuit Upholds Denial Of Arbitration Of Overtime Claims

PHILADELPHIA - Two wage claims brought by a proposed class of nursing assistants don't depend on disputed interpretations of provisions in their collective bargaining agreement (CBA), a split Third Circuit U.S. Court of Appeals panel ruled May 18, upholding a denial of arbitration (Tymeco Jones,...

Mealey's Labor & Employment - Professional Liability Insurer Owes Defense To 2 Of 3 Au Pair Placement Agencies

DENVER - A Colorado federal judge on May 17 found that a professional liability insurer has a duty to defend two out of three insureds against underlying claims that they operated as a cartel and colluded to fix standard au pair wages (Colony Insurance Co. v. Expert Group International Inc., et al.,...

Mealey's Labor & Employment - EEOC Sues Ruby Tuesday, Alleging Age Bias In Failing To Hire Older Man

FORT LAUDERDALE, Fla. - The U.S. Equal Employment Opportunity Commission on May 17 sued Ruby Tuesday Inc. in Florida federal court, alleging that it violated the Age Discrimination in Employment Act (ADEA) by failing to hire a man for a vacant general manager position at its Boca Raton, Fla., location...

Mealey's Labor & Employment - 7th Circuit Majority Says Reinstatement Of Disability Benefits Was Reasonable

CHICAGO - The majority of a Seventh Circuit U.S. Court of Appeals panel on May 18 affirmed a district court's judgment of more than $580,000 in past disability benefits in favor of a disability claimant after determining that the plan did not specify any type of job the claimant is capable of performing...

Mealey's Labor & Employment - High Court Denies Disability Plan Administrators' Petition For Writ Of Certiorari

WASHINGTON, D.C. - The U.S. Supreme Court on May 22 denied a petition for writ of certiorari filed by disability plan administrators claiming that a district court and the Second Circuit U.S. Court of Appeals failed to follow prior decisions issued by the U.S. Supreme Court in disability insurance cases...