LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Disability Insurer's Offset Of Benefits Was Reasonable, 3rd Circuit Panel Determines

PHILADELPHIA - A disability insurer was entitled to offset a disability claimant's long-term disability benefits against income the claimant earned by working part time for her medical practice because the claimant still received the benefit of her earnings even though the earnings were applied against...

Mealey's Labor & Employment - Minnesota Federal Judge: Wells Fargo Can't Apply Verdict To Nonjury Claims

MINNEAPOLIS - A Minnesota federal judge on June 8 denied Wells Fargo Bank's motion to reconsider his March order that a 2013 verdict did not have a preclusive effect on nonjury claims brought under the Employee Retirement Income Security Act because its counsel failed to timely raise the issue (Blue...

Mealey's Labor & Employment - Merrill Lynch To Settle 401(k) Class Action Lawsuit For $25 Million

MIAMI - Plaintiffs in a class action against Merrill Lynch, Pierce, Fenner & Smith Inc. on June 8 filed an unopposed motion for preliminary approval of a $25 million settlement of a 401(k) lawsuit alleging that Merrill Lynch breached its fiduciary duties by failing to ensure that small retirement...

Mealey's Labor & Employment - Judge Approves Proposed Settlement For Class Members, FLSA Collective Members

NEWARK, N.J. - A New Jersey federal judge on June 9 granted final approval of a proposed settlement as fair, reasonable and adequate for class members and Fair Labor Standards Act (FLSA) collective members, further approving $450,000 in class counsel fees and costs and a $10,000 service award to the...

Mealey's Labor & Employment - Federal Judge Partly Denies Motion To Conditionally Certify FLSA Collective Action

SAN JOSE, Calif. - A California federal judge on June 9 granted in part and denied in part a retired bus driver's motion to conditionally certify a collective action under the Fair Labor Standards Act (FLSA) (Robert Estorga v. Santa Clara Valley Transportation Authority, No. 16-02668, N.D. Calif...

Mealey's Labor & Employment - Father Denied Parental Leave Request Files Discrimination Charge Against Employer

COLUMBUS, Ohio - A man who claims that J.P. Morgan Chase Co. (JPMC) violated Title VII of the Civil Rights Act and Ohio Fair Employment Practices Act by denying his request for parental leave on the ground that only women can be primary caregivers for children on June 14 filed a charge asking the Ohio...

Mealey's Labor & Employment - 4th Circuit Panel Affirms Judgment For Michelin Plan On Injection Payment Rulings

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on June 13 affirmed the grant of summary judgment to defendants in a case where a plaintiff sued under the Employee Retirement Income Security Act seeking additional reimbursement for a series of steroid knee injections that an orthopedic surgeon...

Mealey's Labor & Employment - Former School Employee's Age Discrimination Suit Survives Judgment Motion

ORLANDO, Fla. - A woman who alleges that her age was the motivating factor in a decision to not renew her employment contract has established a prima facie case of age discrimination, a Florida federal judge ruled June 12, finding that genuine issues of fact precluded granting her former employer's...

Mealey's Labor & Employment - Judge Rejects Settlement Of PAGA Penalties, Finds Ambiguity On Released Claims

SAN DIEGO - After finding that a proposed settlement of class action claims seeking penalties under the Private Attorneys General Act of 2004 (PAGA) did not leave the class members with a clear option for asserting their non-PAGA claims, a California federal judge on June 12 denied a joint motion for...

Mealey's Labor & Employment - Termination Of Disability Benefits Was Reasonable, 9th Circuit Panel Affirms

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 12 affirmed a district court's ruling that the termination of a disability claim was reasonable based on the plan's mental health coverage limitation and the medical evidence considered by the disability insurer (Kathee A. Colman...

Mealey's Labor & Employment - AARP Asks High Court To Review 'Errant' Ruling That ADEA Bars Damages

WASHINGTON, D.C. - AARP and the AARP Foundation on June 15 filed an amicus curiae brief with the U.S. Supreme Court asking the high court to review an "errant" 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 - Illinois Federal Judge: Woman's ADEA Claims Not Adverse Employment Actions

CHICAGO - An Illinois federal judge on June 15 granted the Illinois Department of Human Services' motion for summary judgment in an Age Discrimination in Employment Act (ADEA) lawsuit, saying the plaintiff failed to show that any of the claims she alleged constituted a materially adverse employment...

Mealey's Labor & Employment - U.S. High Court Denies Certiorari In Macy's Bargaining Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on June 19 denied a petition for writ of certiorari filed by Macy's Inc., seeking a ruling on "[w]hether the National Labor Relations Board must explain the legal significance of factual distinctions between included and excluded employees when deciding...

Mealey's Labor & Employment - 3rd Circuit Panel Affirms Company Didn't Intend For Health Benefits To Vest

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on June 15 affirmed summary judgment for Johnson Controls Inc. in an Employee Income Retirement Act lawsuit, saying that language in collective bargaining agreements (CBAs) and insurance booklets indicates that the company never intended for...

Mealey's Labor & Employment - Substantial Evidence Supports Termination Of Disability Benefits, Appeals Panel Says

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 14 affirmed a district court's ruling that a disability insurer did not abuse its discretion in terminating a claimant's long-term disability benefits because there is substantial evidence supporting the insurer's termination of...

Mealey's Labor & Employment - DOJ Flips Support To Employer In Supreme Court Class Waiver Appeal

WASHINGTON, D.C. - The United States filed an amicus curiae brief on June 16 in the U.S. Supreme Court fully supporting the employers in three consolidated appeals challenging the barring of class or collective action waivers in employment agreements, noting that it was changing its position as it had...

Mealey's Labor & Employment - Supreme Court Rejects Bid For Review Of Ponzi Scheme Case

WASHINGTON, D.C. - The U.S. Supreme Court on June 19 denied a petition for a writ of certiorari to review a judgment of the Second Circuit U.S. Court of Appeals ruling that a pension fund had no standing to assert breach of fiduciary duty claims under the Employee Retirement Income Security Act against...

Mealey's Labor & Employment - Judge Certifies Class In Mental Health Insurance Coverage Denial Case

SAN JOSE, Calif. - A federal judge in California on June 15 granted class certification to a group of plaintiffs seeking reprocessing of mental health insurance claims after their insurer allegedly imposed overly strict definitions of medically necessary care in contravention of the plans' terms...

Mealey's Labor & Employment - Verdict Against Trans Union Returned In Class Suit Over Credit Report Disclosures

SAN FRANCISCO - A California federal jury returned a verdict on June 20 against Trans Union LLC in a class action accusing the credit-reporting agency of failing to provide proper disclosures and failing to ensure the maximum accuracy on its credit reports for individuals with names potentially matching...

Mealey's Labor & Employment - Oklahoma Top Court: No Preemption Where ERISA Plan Is 'Factual Backdrop'

OKLAHOMA CITY - On remand, a trial court must consider whether a woman's class action claiming that a hospital improperly sought collection from her in violation of its contract with her insurer invokes an Employee Retirement Income Security Act plan or whether the plan is merely part of the "factual...

Mealey's Labor & Employment - Massachusetts Federal Judge Grants Summary Judgment To Fidelity Management Trust

BOSTON - A Massachusetts federal judge on June 19 granted Fidelity Management Trust Co.'s motion for summary judgment in a class action alleging that Fidelity breached its fiduciary duties pursuant to the Employee Retirement Income Security Act by mismanaging the Fidelity Group Employee Benefit Plan...

Mealey's Labor & Employment - Massachusetts Federal Judge Dismisses Remaining Claims In ERISA Class Action

BOSTON - A Massachusetts federal judge on June 19 dismissed the remaining claims in an Employee Retirement Income Security Act class action, saying that the plaintiffs have failed to show that the defendants breached their duties of loyalty and prudence and failed to make a prima facie showing of loss...

Mealey's Labor & Employment - Split High Court: District Court Must Review 'Mixed' Civil Service Case

WASHINGTON, D.C. - Review of a dismissal of a mixed case by the Merit Systems Protection Board (MSPB) where, like the present case, an employee complains of adverse action prompted at least in part by the employing agency's violation of federal anti-discrimination laws must occur in the district...

Mealey's Labor & Employment - 7th Circuit: Claim Of Race Bias Under Little-Used Statute Must Show Adverse Action

CHICAGO - A racial bias claim brought by the Equal Employment Opportunity Commission on behalf of a sales manager who claimed that he was transferred out of a particular store because he was a different race than the surrounding neighborhood fails as the claimant must show an action that adversely affected...

Mealey's Labor & Employment - New York Federal Judge Dismisses ERISA Lawsuit Over Excessive Advice Fees

NEW YORK - A New York federal judge on June 21 dismissed an Employee Retirement Income Security Act putative class action that alleged that a record keeper's advice arrangement constituted a breach of fiduciary duty resulting in excessive fees, saying that the plaintiff failed to allege facts showing...