LexisNexis® Legal Newsroom
Mealey's IP/Tech - Plaintiffs In NSA Surveillance Case Ask D.C. Circuit To Affirm Injunctive Relief

WASHINGTON, D.C. - The plaintiffs in cases seeking relief from the surveillance and data collection activities of the National Security Agency (NSA) ask the District of Columbia Circuit U.S. Court of Appeals in an Aug. 13 appellee brief to uphold a lower court's grant of a preliminary injunction related to their Fourth Amendment appeal (Larry Elliott Klayman, et al. v. Barack Hussein Obama, et al., No. 14-5004, 14-5005, 14-5016, 14-5017, D.C. Cir.).

Mealey's Litigation Procedure - Oregon Federal Judge: Exclusion On Treatment For Autism Prohibited By ERISA

PORTLAND, Ore - An Oregon federal judge on Aug. 8 granted partial summary judgment in favor of the plaintiffs in a case alleging that a health insurance company violated federal and state law by denying coverage for applied behavioral analysis (ABA) therapy for the treatment of autism-related spectrum disorder to children who have been diagnosed as autistic, saying that the exclusion is prohibited by the Employee Retirement Income Security Act (A.F., by and through his parents and guardians, Brenna Legaard and Scott Fournier, et al. v. Providence Health Plan, No. 13-776, D. Ore.; 2014 U.S. Dist. LEXIS 109507).

Mealey's Labor & Employment - Oregon Federal Judge: Exclusion On Treatment For Autism Prohibited By ERISA

PORTLAND, Ore - An Oregon federal judge on Aug. 8 granted partial summary judgment in favor of the plaintiffs in a case alleging that a health insurance company violated federal and state law by denying coverage for applied behavioral analysis (ABA) therapy for the treatment of autism-related spectrum disorder to children who have been diagnosed as autistic, saying that the exclusion is prohibited by the Employee Retirement Income Security Act (A.F., by and through his parents and guardians, Brenna Legaard and Scott Fournier, et al. v. Providence Health Plan, No. 13-776, D. Ore.; 2014 U.S. Dist. LEXIS 109507).

Mealey's Insurance - Oregon Federal Judge: Exclusion On Treatment For Autism Prohibited By ERISA

PORTLAND, Ore - An Oregon federal judge on Aug. 8 granted partial summary judgment in favor of the plaintiffs in a case alleging that a health insurance company violated federal and state law by denying coverage for applied behavioral analysis (ABA) therapy for the treatment of autism-related spectrum disorder to children who have been diagnosed as autistic, saying that the exclusion is prohibited by the Employee Retirement Income Security Act (A.F., by and through his parents and guardians, Brenna Legaard and Scott Fournier, et al. v. Providence Health Plan, No. 13-776, D. Ore.; 2014 U.S. Dist. LEXIS 109507).

Mealey's Insurance - 3rd Circuit: ERISA Governs Supplemental Coverage; State Law Claims Are Preempted

PHILADELPHIA - Supplemental disability and life insurance coverage is governed by the Employee Retirement Income Security Act because the supplemental policies cannot be unbundled from the employer's broader ERISA benefits plan, the Third Circuit U.S. Court of Appeals ruled Aug. 6 in holding that ERISA preempted state law claims that the insureds were fraudulently induced to purchase supplemental coverage that was worthless (Alexander L. Menkes, et al. v. Prudential Insurance Company of America, et al., No. 13-1408, 3rd Cir.; 2014 U.S. App. LEXIS 15113).

Mealey's Health Law - 10th Circuit: Participant's Suit Against Medical Provider Was Properly Removed

DENVER - A health plan participant's state law contract and tort claims against a health care provider were properly removed to federal court because a single claim for tortious interference with contract, which was related to the discount for services provided by the participant's health plan, was completely preempted by the Employee Retirement Income Security Act, the 10th Circuit U.S. Court of Appeals affirmed Aug. 6 (Richard Salzer v. SSM Health Care of Oklahoma Inc., No. 13-6099, 10th Cir.; 2014 U.S. App. LEXIS 15122).

Mealey's Litigation Procedure - 10th Circuit: Participant's Suit Against Medical Provider Was Properly Removed

DENVER - A health plan participant's state law contract and tort claims against a health care provider were properly removed to federal court because a single claim for tortious interference with contract, which was related to the discount for services provided by the participant's health plan, was completely preempted by the Employee Retirement Income Security Act, the 10th Circuit U.S. Court of Appeals affirmed Aug. 6 (Richard Salzer v. SSM Health Care of Oklahoma Inc., No. 13-6099, 10th Cir.; 2014 U.S. App. LEXIS 15122).

Mealey's Health Law - Retirees Properly Awarded Attorney Fees For Challenge To Reduction In Health Benefits

CHICAGO - A federal district court did not abuse its discretion in awarding retirees more than $400,000 in attorney fees under the Employee Retirement Income Security Act following the retirees' settlement of their claims that their employer's successor unlawfully eliminated their health care benefits, the Seventh Circuit U.S. Court of Appeals affirmed Aug. 6 (Shirley Temme, et al. v. Bemis Company, Incorporated, No. 14-1085, 7th Cir.; 2014 U.S. App. LEXIS 15174).

Mealey's Litigation Procedure - Retirees Properly Awarded Attorney Fees For Challenge To Reduction In Health Benefits

CHICAGO - A federal district court did not abuse its discretion in awarding retirees more than $400,000 in attorney fees under the Employee Retirement Income Security Act following the retirees' settlement of their claims that their employer's successor unlawfully eliminated their health care benefits, the Seventh Circuit U.S. Court of Appeals affirmed Aug. 6 (Shirley Temme, et al. v. Bemis Company, Incorporated, No. 14-1085, 7th Cir.; 2014 U.S. App. LEXIS 15174).

Mealey's Health Law - Oregon Federal Judge: Exclusion On Treatment For Autism Prohibited By ERISA

PORTLAND, Ore - An Oregon federal judge on Aug. 8 granted partial summary judgment in favor of the plaintiffs in a case alleging that a health insurance company violated federal and state law by denying coverage for applied behavioral analysis (ABA) therapy for the treatment of autism-related spectrum disorder to children who have been diagnosed as autistic, saying that the exclusion is prohibited by the Employee Retirement Income Security Act (A.F., by and through his parents and guardians, Brenna Legaard and Scott Fournier, et al. v. Providence Health Plan, No. 13-776, D. Ore.; 2014 U.S. Dist. LEXIS 109507).

Mealey's Labor & Employment - 10th Circuit: Participant's Suit Against Medical Provider Was Properly Removed

DENVER - A health plan participant's state law contract and tort claims against a health care provider were properly removed to federal court because a single claim for tortious interference with contract, which was related to the discount for services provided by the participant's health plan, was completely preempted by the Employee Retirement Income Security Act, the 10th Circuit U.S. Court of Appeals affirmed Aug. 6 (Richard Salzer v. SSM Health Care of Oklahoma Inc., No. 13-6099, 10th Cir.; 2014 U.S. App. LEXIS 15122).

Mealey's Labor & Employment - 3rd Circuit: ERISA Governs Supplemental Coverage; State Law Claims Are Preempted

PHILADELPHIA - Supplemental disability and life insurance coverage is governed by the Employee Retirement Income Security Act because the supplemental policies cannot be unbundled from the employer's broader ERISA benefits plan, the Third Circuit U.S. Court of Appeals ruled Aug. 6 in holding that ERISA preempted state law claims that the insureds were fraudulently induced to purchase supplemental coverage that was worthless (Alexander L. Menkes, et al. v. Prudential Insurance Company of America, et al., No. 13-1408, 3rd Cir.; 2014 U.S. App. LEXIS 15113).

Mealey's Labor & Employment - Retirees Properly Awarded Attorney Fees For Challenge To Reduction In Health Benefits

CHICAGO - A federal district court did not abuse its discretion in awarding retirees more than $400,000 in attorney fees under the Employee Retirement Income Security Act following the retirees' settlement of their claims that their employer's successor unlawfully eliminated their health care benefits, the Seventh Circuit U.S. Court of Appeals affirmed Aug. 6 (Shirley Temme, et al. v. Bemis Company, Incorporated, No. 14-1085, 7th Cir.; 2014 U.S. App. LEXIS 15174).

Mealey's Litigation Procedure - 4th Circuit Remands Fiduciary Duty Case Involving Diversification Of Plan Assets

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals ruled 2-1 on Aug. 4 that a federal judge applied the wrong causation standard to claims by participants in R.J. Reynolds Tobacco Co.'s 401(k) plan that the plan fiduciaries are monetarily liable for breaching their fiduciary duties under the Employee Retirement Income Security Act based on the removal of Nabisco stock from the plan following a spin-off (Richard G. Tatum v. RJR Pension Investment Committee, et al., No. 13-1360, 4th Cir.; 2014 U.S. App. LEXIS 14924).

Mealey's Securities/D&O Liability - 4th Circuit Remands Fiduciary Duty Case Involving Diversification Of Plan Assets

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals ruled 2-1 on Aug. 4 that a federal judge applied the wrong causation standard to claims by participants in R.J. Reynolds Tobacco Co.'s 401(k) plan that the plan fiduciaries are monetarily liable for breaching their fiduciary duties under the Employee Retirement Income Security Act based on the removal of Nabisco stock from the plan following a spin-off (Richard G. Tatum v. RJR Pension Investment Committee, et al., No. 13-1360, 4th Cir.; 2014 U.S. App. LEXIS 14924).

Mealey's Labor & Employment - 4th Circuit Remands Fiduciary Duty Case Involving Diversification Of Plan Assets

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals ruled 2-1 on Aug. 4 that a federal judge applied the wrong causation standard to claims by participants in R.J. Reynolds Tobacco Co.'s 401(k) plan that the plan fiduciaries are monetarily liable for breaching their fiduciary duties under the Employee Retirement Income Security Act based on the removal of Nabisco stock from the plan following a spin-off (Richard G. Tatum v. RJR Pension Investment Committee, et al., No. 13-1360, 4th Cir.; 2014 U.S. App. LEXIS 14924).

Mealey's Securities/D&O Liability - Judge: Forensic Sampling May Be Appropriate In Consolidated Securities Lawsuits

NEW HAVEN, Conn. - Although a Connecticut federal judge on Aug. 4 saw the value in conducting forensic in several residential mortgage-backed securities (RMBS), which comprise thousands of mortgages, he declined to issue a definitive ruling and denied a trust's motion to expedite the matter and conduct an early Daubert hearing (Deutsche Bank National Trust Co. v. WMC Mortgage LLC, et al., No. 3:12-cv-00933, 3:12-cv-969, 3:12-cv-1699 and 3:13-cv-1347, D. Conn.; 2014 U.S. Dist. LEXIS 106327).

Mealey's Banking & Finance - Judge: Forensic Sampling May Be Appropriate In Consolidated Securities Lawsuits

NEW HAVEN, Conn. - Although a Connecticut federal judge on Aug. 4 saw the value in conducting forensic in several residential mortgage-backed securities (RMBS), which comprise thousands of mortgages, he declined to issue a definitive ruling and denied a trust's motion to expedite the matter and conduct an early Daubert hearing (Deutsche Bank National Trust Co. v. WMC Mortgage LLC, et al., No. 3:12-cv-00933, 3:12-cv-969, 3:12-cv-1699 and 3:13-cv-1347, D. Conn.; 2014 U.S. Dist. LEXIS 106327).

Mealey's Insurance - 6th Circuit: ERISA Does Not Preempt Michigan Law For Raising Medicaid Revenue

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 4 affirmed that the Employee Retirement Income Security Act does not preempt a Michigan state law established to generate revenue necessary to fund the state's obligations under Medicaid (Self-Insurance Institute of America v. Rick Snyder, et al., No. 12-2264, 6th Cir.; 2014 U.S. App. LEXIS 14905).

Mealey's Labor & Employment - 6th Circuit: ERISA Does Not Preempt Michigan Law For Raising Medicaid Revenue

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 4 affirmed that the Employee Retirement Income Security Act does not preempt a Michigan state law established to generate revenue necessary to fund the state's obligations under Medicaid (Self-Insurance Institute of America v. Rick Snyder, et al., No. 12-2264, 6th Cir.; 2014 U.S. App. LEXIS 14905).

Mealey's Litigation Procedure - Judge: Forensic Sampling May Be Appropriate In Consolidated Securities Lawsuits

NEW HAVEN, Conn. - Although a Connecticut federal judge on Aug. 4 saw the value in conducting forensic in several residential mortgage-backed securities (RMBS), which comprise thousands of mortgages, he declined to issue a definitive ruling and denied a trust's motion to expedite the matter and conduct an early Daubert hearing (Deutsche Bank National Trust Co. v. WMC Mortgage LLC, et al., No. 3:12-cv-00933, 3:12-cv-969, 3:12-cv-1699 and 3:13-cv-1347, D. Conn.; 2014 U.S. Dist. LEXIS 106327).

Mealey's Health Law - 6th Circuit: ERISA Does Not Preempt Michigan Law For Raising Medicaid Revenue

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 4 affirmed that the Employee Retirement Income Security Act does not preempt a Michigan state law established to generate revenue necessary to fund the state's obligations under Medicaid (Self-Insurance Institute of America v. Rick Snyder, et al., No. 12-2264, 6th Cir.; 2014 U.S. App. LEXIS 14905).

Mealey's IP/Tech - Connecticut Federal Judge Dismisses Indirect Infringement Claims

HARTFORD, Conn. - A patent dispute over a database security system will proceed, albeit without claims for contributory, induced or willful infringement, a Connecticut federal judge ruled Aug. 5 (Protegrity Corporation v. Paymetric Inc., No. 13-1549, D. Conn.).

Mealey's Insurance - AIG To Pay $970.5M To Settle Securities Law Claims In Shareholder Class Action

NEW YORK - American International Group Inc. (AIG) has agreed to pay $970.5 million to settle claims in a federal lawsuit in New York that it and several of its senior officers and directors misled investors as to AIG's exposure to the subprime mortgage lending crisis of 2008, according to a press release issued Aug. 4 (In re American International Group, Inc. 2008 Securities Litigation, No. 08-4772, S.D. N.Y.; 2013 U.S. Dist. LEXIS 60185).

Mealey's Litigation Procedure - 2nd Circuit Vacates Decision, Says N.Y. Subrogation Law Not Preempted By ERISA

NEW YORK - In vacating a lower court's decision, a panel of the Second Circuit U.S. Court of Appeals on July 31 held that a New York state law related to obtaining reimbursement of medical benefits from plaintiffs' tort settlements is not subject to preemption pursuant to the Employee Retirement Income Security Act, but that federal jurisdiction does exist under the Class Action Fairness Act (CAFA) (Meghan Wurtz, et al. v. Rawlings Co., et al., No. 13-1695, 2nd Cir.; 2014 U.S. App. LEXIS 14877).