Mealeys

Recent Posts

Mealey's Labor & Employment - Class Claims Over Papa John's No-Poach Clause Survive Dismissal Motion
Posted on 23 Oct 2019 by Mealeys

LOUISVILLE, Ky. - A federal judge in Kentucky on Oct. 21 declined to dismiss class claims accusing a pizza chain franchisor of violating the Sherman Act by coordinating no-poach agreements between its franchisees and let stand claims of fraudulent concealment... Read More

Mealey's Labor & Employment - United Says Individual Issues Doom Facility-Fee Class Action
Posted on 23 Oct 2019 by Mealeys

NEW YORK - The individualized analysis needed to determine whether providers or patients hold rights under the Employee Retirement Income Security Act dooms a class action, an insurer argues in an Oct. 21 motion, asking a federal judge in New York to... Read More

Mealey's Labor & Employment - Wawa Inc. Says District Court Erred In Granting Motion For Class Certification
Posted on 23 Oct 2019 by Mealeys

PHILADELPHIA - A district court erred in granting a motion for class certification in a breach of fiduciary suit against Wawa Inc. because the plaintiffs, who allege that Wawa breached its fiduciary duty by amending its employee stock ownership plan,... Read More

Mealey's Labor & Employment - 2nd Circuit Affirms Dismissal Of ERISA Claims Against Employer
Posted on 23 Oct 2019 by Mealeys

NEW YORK - A federal judge in New York did not err in dismissing allegations that an employer breached its fiduciary duty when unilaterally modifying retiree health benefits offered to numerous former officers, the Second Circuit U.S. Court of Appeals... Read More

Mealey's Labor & Employment - United Agrees To Dismiss Cross-Plan Offsetting Supreme Court Case
Posted on 23 Oct 2019 by Mealeys

WASHINGTON, D.C. - Pursuant to the parties' stipulation of dismissal, the U.S. Supreme Court on Oct. 22 dismissed UnitedHealth Group Inc.'s petition that sought review of an Eighth Circuit U.S. Court of Appeals' decision that the company's... Read More

Mealey's Labor & Employment - Hospital Temporary Staffing Agency Settles Wage Collective, Class Claims For $2.75M
Posted on 22 Oct 2019 by Mealeys

SAN FRANCISCO - A $2.75 million settlement to be paid by a staffing company and its subsidiary to end employees' wage collective and class claims based on the failure to include housing benefits when calculating overtime was granted final approval... Read More

Mealey's Labor & Employment - Fund Operator: Question Presented In Petition Not Before Supreme Court
Posted on 22 Oct 2019 by Mealeys

WASHINGTON, D.C. - In an Oct. 17 opposition brief, the operator of an investment fund accused of violating the Employee Retirement Income Security Act told the U.S. Supreme Court it should deny certiorari in a dispute over the statutory availability of... Read More

Mealey's Labor & Employment - 9th Circuit Reinstates Disability Bias Suit Tossed Due To Employee Being Tardy
Posted on 22 Oct 2019 by Mealeys

SAN FRANCISCO - The reason for an employee's termination, repeated tardiness, could be found by a reasonable fact-finder to be caused by a disability that the employer both knew of and was on notice that an accommodation was needed, a Ninth Circuit... Read More

Mealey's Labor & Employment - Intel Plan Participant To SCOTUS: Plain Meaning Of 'Actual Knowledge' Applies
Posted on 22 Oct 2019 by Mealeys

WASHINGTON, D.C. - The "actual knowledge" exception to ERISA's limitations period for breach of fiduciary duty claims requires more than constructive knowledge, a participant in Intel Corp.'s retirement plans tells the U.S. Supreme Court... Read More

Mealey's Labor & Employment - 11th Circuit: College Worker's Class Claims Fall Outside Arbitration Agreement
Posted on 22 Oct 2019 by Mealeys

ATLANTA - A man who worked at the college from which he graduated when the college's parent company lost its accreditation and closed the school is not bound by his employment arbitration agreement when bringing class claims regarding the education... Read More

Mealey's Labor & Employment - Judgment Properly Entered For Disability Insurer, 9th Circuit Panel Says
Posted on 22 Oct 2019 by Mealeys

SAN DIEGO - A district court did not err in entering judgment in favor of a disability insurer because the disability claimant failed to prove that she was unable to perform the duties of her own occupation while she was still employed by her former employer... Read More

Mealey's Labor & Employment - 10th Circuit Upholds Allowance Of Oil Company Experts In Worker's Bias Suit
Posted on 22 Oct 2019 by Mealeys

DENVER - The 10th Circuit U.S. Court of Appeals on Oct. 16 affirmed summary judgment for Phillips 66 Co. on disability discrimination claims by a former employee in Oklahoma who was fired after he failed a company drug test, finding no error or abuse... Read More

Mealey's Labor & Employment - High Court Will Not Consider Waiver Of Defenses To Withdrawal Liability
Posted on 21 Oct 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court denied review on Oct. 21 of a Seventh Circuit U.S. Court of Appeals ruling that a construction company and its related entities' failure to respond to a pension fund's notice of withdrawal liability resulted... Read More

Mealey's Labor & Employment - California Retirement Plan Not Preempted By ERISA, Defendants Maintain
Posted on 18 Oct 2019 by Mealeys

SACRAMENTO, Calif. - In an Oct. 15 response to a statement of interest filed by the United States in a California federal court lawsuit over the California Secure Choice Retirement Savings Trust Act (Secure Choice Act), the California state defendants... Read More

Mealey's Labor & Employment - 9th Circuit: State Waived Immunity With Removal Of Federal Law Claims
Posted on 18 Oct 2019 by Mealeys

SAN FRANCISCO - In an issue that it noted was one of first impression, the Ninth Circuit U.S. Court of Appeals on Oct. 16 ruled that a state, when it removed federal law wage claims to a federal court, waived its 11th Amendment to the U.S. Constitution... Read More