LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Judge Remands Class Claims Against Courier For Lack Of Jurisdiction

SAN FRANCISCO - A California federal judge on Feb. 3 granted an employee's motion to remand her class action claims for violation of California's unfair competition law (UCL) and various labor codes, finding that her employer failed to show that the amount in controversy would exceed $5 million...

Mealey's Labor & Employment - Mexican Farm Workers Settle Employment Suit With Tobacco Farmer

LEXINGTON, Ky. - A federal judge in Kentucky on Feb. 6 signed a final order canceling a trial scheduled for March following an $81,308.71 settlement between a group of Mexican migrant workers who claimed that the owners of farms they worked at underpaid them and violated federal labor laws (Cecillo Gutierrez...

Mealey's Labor & Employment - New York Federal Magistrate: In Camera Review Of Insurer's Documents Is Necessary

NEW YORK - A New York federal magistrate judge on Feb. 6 found that an in camera review of an insurer's documents requested through discovery by a disability claimant is necessary to determine if the documents are protected under the work product doctrine or if the fiduciary exception to the attorney...

Mealey's Labor & Employment - Court Finds Nurse Did Not Waive Right To Pursue Claims Judicially

LOS ANGELES - A California appeals court on Feb. 7 affirmed a district court's decision to deny a hospital's motion to compel arbitration of numerous class action claims asserted against it by a former nurse, finding that the nurse did not waive her right to assert her claims in a judicial forum...

Mealey's Labor & Employment - Former University Counsel Awarded $2.5M In Retaliation Suit

RIVERSIDE, Calif. - A Riverside County, Calif., Superior Court jury on Feb. 7 issued a verdict in favor of the former University of California Riverside's chief campus counsel, who alleged that she was retaliated against after refusing to cover up the school's discriminatory culture and awarded...

Mealey's Labor & Employment - Texas Federal Judge Denies Groups' Motions Challenging DOL's Fiduciary Duty Rule

DALLAS - A Texas federal judge on Feb. 8 denied motions for summary judgment in consolidated cases filed by the U.S. Chamber of Commerce (COC) and other groups opposed to the U.S. Department of Labor's (DOL) new "fiduciary rule" set to take effect April 10, saying that the DOL has not exceeded...

Mealey's Labor & Employment - Judge Halts Multiple Wage Suits By Exotic Dancers Pending $6.5M Settlement

DETROIT - A Michigan federal judge on Feb. 9 granted a joint motion seeking to enjoin numerous pending wage proceedings against nightclub owners in 12 different federal and state courts based on a $6.5 million settlement that was granted preliminary approval two days earlier (Jane Doe 1, et al. v. Deja...

Mealey's Labor & Employment - 2nd Circuit Panel Says Pension Plan Participant Has Standing To File Suit

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Feb. 10 issued a summary order vacating a New York federal judge's ruling that a pension plan participant does not have standing to sue on behalf of himself, his pension plan and other similarly situated Employee Retirement Income Security...

Mealey's Labor & Employment - Judge: ERISA Preempts Provider's Contract Claim Against Insurer

GREENSBORO, N.C. - A substance abuse provider's claims that an insurer failed to pay for medically necessary treatments are preempted by ERISA or fail to state a claim, a federal judge in North Carolina held Feb. 9 (Bobby P. Kearney, M.D., PLLC, v. Blue Cross and Blue Shield of North Carolina, et...

Mealey's Labor & Employment - Data Breach Class Claims Against Premera Mostly Survive Dismissal Motion

PORTLAND, Ore. - Although an Oregon federal judge on Feb. 9 found that some fraud and contract-based claims related to a 2014 data breach experienced by Premera Blue Cross merited dismissal, he held that the plaintiffs cured some previous deficiencies and concluded that their claims are not preempted...

Mealey's Labor & Employment - Judge Finds Truck Drivers Cannot Claim Damages Under Safe Harbor Provision

FRESNO, Calif. - A California federal judge on Feb. 15 issued his findings of fact and conclusions of law on causes of action asserted by truck drivers in relation to wage and rest break claims, finding that judgment should be entered in favor of a transport company on all of its claims (Todd Shook,...

Mealey's Labor & Employment - 5th Circuit: No Pain And Suffering, Punitive Damages Under The ADEA

NEW ORLEANS - A former nurse supervisor's claims for pain and suffering and punitive damages under the Age Discrimination in Employment Act (ADEA) are barred by Dean v. Am. Sec. Ins. Co., a Fifth Circuit U.S. Court of Appeals panel ruled Feb. 15 (Susan L. Vaughan v. Anderson Regional Medical Center...

Mealey's Labor & Employment - U.S. Supreme Court Hears Arguments On EEOC Subpoena Review

WASHINGTON, D.C. - A unitary abuse of discretion standard is the appropriate one to use when reviewing the Equal Employment Opportunity Commission's subpoena enforcement decisions, an attorney representing an employer argued before the U.S. Supreme Court on Feb. 21 (McLane Company, Inc. v. Equal...

Mealey's Labor & Employment - Respondents To High Court: ERISA Requires Church Plan Be Established By A Church

WASHINGTON, D.C. - The church plan exemption in the Employee Retirement Income Security Act unambiguously requires that a church plan be established by a church, the appellee-respondents in three cases consolidated before the U.S. Supreme Court say in their initial brief filed Feb. 16 (Advocate Health...

Mealey's Labor & Employment - High Court Denies Cert In Stock-Drop Case Arising Under ERISA

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied a petition for writ of certiorari in a stock-drop case arising under the Employee Retirement Income Security Act (Alex E. Rinehart, et al. v. John F. Akers, et al., No. 16-562, U.S. Sup.).

Mealey's Labor & Employment - High Court Denies Cert In Case Over Termination Of Long-Term Benefits

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied a petition for a writ of certiorari in a case in which the 11th Circuit U.S. Court of Appeals said a district court did not err in determining that a disability plan did not wrongfully terminate a claimant's long-term disability benefits...

Mealey's Labor & Employment - High Court Won't Review Ruling Tossing Claims Against Third-Party Administrator

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied a petition for a writ of certiorari in a case in which an 11th Circuit U.S. Court of Appeals panel affirmed the dismissal of claims against a third-party administrator of an employee pension benefit plan because it was not a fiduciary of the...

Mealey's Labor & Employment - U.S. Supreme Court Won't Hear Union Membership Benefits Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied a petition for writ of certiorari filed by a union representing newspaper deliverers that asked the high court to reverse a ruling that it committed unfair labor practices by entering into collective bargaining agreements (CBAs) with employers...

Mealey's Labor & Employment - 6th Circuit Finds Disability Coverage Claims Preempted By ERISA

CINCINNATI - After finding that a former marketing director's claims for coverage against a medical review company were completely preempted by the Employee Retirement Income Security Act, the Sixth Circuit U.S. Court of Appeals on Feb. 17 affirmed dismissal of the claims and found that a previous...

Mealey's Labor & Employment - Arkansas Top Court Upholds Certification Of City Employee Class In Suit Over Raises

LITTLE ROCK, Ark. - The Arkansas Supreme Court on Feb. 16 upheld a circuit court's certification of a class of city workers suing for breach of contract after mandated raises ended (City of Conway, an Arkansas Municipality v. Richard Shumate, Jr., et al., No. CV-16-284, Ark. Sup., 2017 Ark. LEXIS...

Mealey's Labor & Employment - Judge Remands Implied Insurance Contract Claims As Outside ERISA

NEWARK, N.J. - A neurosurgical specialist's claim seeking payment for out-of-network care is based on an implied contract providing a separate and independent basis for recovery and thus is not preempted by ERISA, a federal judge in New Jersey held Feb. 17 in remanding the case (North Jersey Brain...

Mealey's Labor & Employment - Texas Company To Settle Bias Claims After It Refused To Hire Deaf Applicants

DALLAS - A Fort Worth, Texas, cellphone repair company will pay $110,000 to settle claims that it engaged in discriminatory hiring practices when it refused to hire two hearing-impaired applicants due to their disability, the Equal Employment Opportunity Commission announced Feb. 23 (Equal Employment...

Mealey's Labor & Employment - Calif. Federal Judge: No Pseudonym For Former NFL Cheerleader In Wage Class Suit

SAN FRANCISCO - The rights of the public, the press and the class she is seeking to represent outweigh the privacy interests of the lead plaintiff in a lawsuit accusing NFL Enterprises LLC and individual teams of conspiring to suppress the wages of cheerleaders, a California federal judge ruled Feb....

Mealey's Labor & Employment - U.S. Supreme Court Will Rule On Timeliness Of Age Bias Suit

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 27 granted a petition for writ of certiorari filed by an employee asking the high court to decide a circuit split and rule on whether Federal Rule of Appellate Procedure 4(a)(5)(C), Fed. R. App. P. 4(a)(5)(C), can deprive an appellate court of jurisdiction...

Mealey's Labor & Employment - 8th Circuit Panel Affirms Ruling On Enhanced Benefits For Anheuser Busch Pensioners

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Feb. 22 affirmed in part a Missouri federal judge's ruling that participants in the Anheuser-Busch Cos. Pension Plan are entitled to enhanced pension benefits, saying that a plan administrator cannot contradict the plain language of an...