LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Florida Federal Judge OKs Preliminary Settlement Of Harvoni Drug Coverage Suit

FORT PIERCE, Fla. - A Florida federal judge on June 21 approved an unopposed motion for preliminary approval of a settlement worth at least $126 million in an Employee Retirement Income Security Act class action against Blue Cross and Blue Shield of Florida Inc. on behalf of patients denied coverage...

Mealey's Labor & Employment - Colorado Federal Judge Certifies Class In Action Alleging Breach Of Duty

DENVER - A Colorado federal judge on June 22 granted a motion for class certification and denied a defense motion to exclude expert testimony in a case alleging that Great-West Life & Annuity Insurance Co. breached its fiduciary duties under the Employee Retirement Income Security Act (John Teets...

Mealey's Labor & Employment - U.S. Supreme Court Denies Certiorari In 2 Tribal Casino Labor Disputes

WASHINGTON, D.C. - The U.S. Supreme Court on June 27 denied petitions for writ of certiorari filed by two Indian tribes appealing two Sixth Circuit U.S. Court of Appeals decisions in which divided panels enforced the National Labor Relations Board's jurisdiction over the tribes' casino operations...

Mealey's Labor & Employment - U.S. High Court Denies Rehearing In Union Fees Dispute

WASHINGTON, D.C. - The U.S. Supreme Court on June 28 denied rehearing in an appeal brought by teachers who objected to agency-fee requirements for non-union workers employed by public entities and sought to overturn the Supreme Court's decision in Abood v. Detroit Bd. of Ed. (431 U.S. 209 [1977]...

Mealey's Labor & Employment - High Court Won't Review Ruling On ERISA Fiduciary's Liability

WASHINGTON, D.C. - The U.S. Supreme Court on June 27 let stand a Sixth Circuit U.S. Court of Appeals divided opinion that rejected the breach of prudence claims asserted by participants in an employee stock ownership plan (ESOP) (Raymond M. Pfeil, et al. v. State Street Bank and Trust Company, No. 15...

Mealey's Labor & Employment - 7th Circuit Panel Remands Withdrawal Liability Case For Trial

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on June 24 remanded for trial a case in which an auto mechanics' pension board claims that Full Circle Group Inc. (FCG) has withdrawal liability for fund contributions as a successor to an insolvent company (Board of Trustees of the Automobile...

Mealey's Labor & Employment - Employer Settles EEOC Sexual Orientation Bias Lawsuit For $202,200

BALTIMORE - Pallet Cos., doing business as IFCO Systems NA Inc., will pay $202,200 and provide equitable relief to settle one of the Equal Employment Opportunity Commission's first lawsuits alleging gender discrimination based on sexual orientation, the EEOC announced June 28 (U.S. Equal Employment...

Mealey's Labor & Employment - Texas Federal Judge Says Hospital Makes Plausible Claim To Recover Benefits

DALLAS - A Texas federal judge on June 28 granted in part and denied in part United HealthCare Services Inc.'s motion to dismiss claims that it either did not pay or underpaid claims for services provided by a Texas hospital to United subscribers (Texas General Hospital LP, et al. v. United HealthCare...

Mealey's Labor & Employment - 4th Circuit Vacates Attorney Fee Award Against Employee Seeking Wages

RICHMOND, Va. - A district court erred in concluding an employee suing her employer under the Fair Labor Standards Act (FLSA) owes attorney fees because her "conduct was not vexatious," opined a Fourth Circuit U.S. Court of Appeals panel on June 28 (Stella Andrews, et al. v. America's Living...

Mealey's Labor & Employment - 4th Circuit Reinstates Worker's FMLA Rights Interference Claim

RICHMOND, Va. - A former bank director who was fired following medical leave failed to prove retaliation or disability discrimination claims but may proceed with his claim that his employer interfered with his medical leave rights by providing him with a defective notice, a Fourth Circuit U.S. Court...

Mealey's Labor & Employment - 8th Circuit: Purchase Agreement's Waiver Doesn't Eliminate WARN Act Claims

ST. LOUIS - A trucking company that purchased another is liable for Worker Adjustment and Retraining Notification (WARN) Act violations despite a clause in the asset purchase agreement (APA) that stated that it had no liability, the Eighth Circuit U.S. Court of Appeals ruled July 5, finding that the...

Mealey's Labor & Employment - 9th Circuit: No Showing Of Breach Needed In Disability Bias Suit Against Union

PASADENA, Calif. - A worker bringing a prima facie claim of disability bias against a union does not need to show a breach of the duty of fair representation, a Ninth Circuit U.S. Court of Appeals panel ruled July 5 (Rosemary Garity v. APWU National Labor Organization, No. 13-15195, 9th Cir.; 2016 U...

Mealey's Insurance - Termination Of Benefits Was Reasonable, California Federal Judge Determines

FRESNO, Calif. - A California federal judge on July 5 determined that a disability claims administrator did not abuse its discretion in terminating a claimant's benefits because the administrator identified two reasonable jobs within the proper zone that could be performed by the claimant (William...

Mealey's Insurance - 3rd Circuit Vacates, Remands Disability Suit, Says Issues Of Fact Exist On Termination

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on July 7 determined that summary judgment in favor of a disability insurer was not appropriate because issues of material fact exist regarding whether the medical evidence supports the insurer's termination of benefits and whether the termination...

Mealey's Labor & Employment - 5th Circuit Panel Finds No Abuse Of Discretion In Severance Pay Denial

NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on July 8 affirmed that the Employee Retirement Income Security Act governs a case in which a laid-off employee was denied severance compensation for failing to return all company property as required by a severance agreement (Mark Gomez...

Mealey's Labor & Employment - 5th Circuit Appeals Panel Affirms Denial Of Army Widow's ERISA Claims

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on July 6 affirmed summary judgment for an employer and an insurance company in a woman's lawsuit seeking to recover benefits she claimed were due to her under the Employee Retirement Income Security Act (Linda Singletary v. United Parcel...

Mealey's Labor & Employment - 10th Circuit Panel Affirms Consultant Not A Plan Fiduciary

DENVER - A 10th Circuit U.S. Court of Appeals panel on July 11 affirmed dismissal of claims that a pension plan consultant breached a fiduciary duty by misstating the amount of pension payments that a member could expect upon retirement for failure to state a valid claim (Trent Lebahn, et al. v. National...

Mealey's Labor & Employment - Appeals Panel Tosses Claims Against Acme Building Brands Inc.

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on July 11 affirmed dismissal of claims against Acme Building Brands Inc. in an Employee Retirement Income Security Act suit over reductions in the company's pension and 401(k) plans (Judy Hunter, et al. v. Berkshire Hathaway Inc., et al....

Mealey's Labor & Employment - 1st Circuit Panel Affirms Dismissal Of Fidelity Float Class Action Litigation

BOSTON - A First Circuit U.S. Court of Appeals panel on July 13 affirmed dismissal of a putative class action filed by retirement plan participants and a plan administrator alleging breach of fiduciary duties under the Employee Retirement Income Security Act (In Re: Fidelity ERISA Float Litigation; Timothy...

Mealey's Labor & Employment - 10th Circuit: Cancer Survivor Failed To Show He Was Qualified Under ADA

DENVER - A truck driver whose cancer was in remission and who claimed that he was told his job application was being denied because of his prior diagnosis failed to show that he was a qualified individual under the Americans with Disabilities Act (ADA), the 10th Circuit U.S. Court of Appeals ruled July...

Mealey's Labor & Employment - 8th Circuit: UPS Supervisor Failed To Prove Firing Was Discriminatory

ST. LOUIS - A United Parcel Service (UPS) supervisor who had numerous conflicts at work failed to show that his termination was due to racial discrimination rather than because of his behavior and attitude, the Eighth Circuit U.S. Court of Appeals ruled July 12 (Gary T. Smith v. United Parcel Service...

Mealey's Labor & Employment - New York Federal Judge Denies Remand, Rules For Union Fund

ALBANY, N.Y. - A New York federal judge on July 12 denied a motion to remand a case against SEIU Local 200 United Benefit Fund alleging breach of fiduciary duty and granted Local 200's cross-motion for judgment on the pleadings (Kevin Boyle, et al. v. SEIU Local 200 United Benefit Fund, et al., No...

Mealey's Labor & Employment - Federal Circuit Vacates MSPB's Ruling On Officer's Retirement Pay

WASHINGTON, D.C. - A Federal Circuit U.S. Court of Appeals panel on July 15 vacated a decision by the Merit Systems Protection Board (MSPB) rejecting a customs officer's claim that his retirement pay was miscalculated and failed to include the full amount of overtime pay he received in the relevant...

Mealey's Labor & Employment - 5th Circuit: Receptionist Created Possible Age Bias Factual Dispute

NEW ORLEANS - A district court must reconsider whether an employment agency should have known about its client's possible discriminatory transfer request after the worker, who alleges that she was discriminated against because of her age, showed that the agency failed to follow its usual practice...

Mealey's Labor & Employment - 9th Circuit Panel Says Dignity Health Pension Plan Not A Church Plan

SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on July 26 affirmed that Dignity Health's pension plan was not subject to the requirements of the Employee Retirement Income Security Act and did not qualify for ERISA's church-plan exception because it was not established by...