LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Issues Of Fact Exist As To Whether Disability Insurer Properly Denied Claim

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on May 31 reversed a district court's ruling in favor of a disability insurer after determining that genuine issues of fact exists regarding whether the insurer improperly denied the claim before the amount of time to submit additional materials...

Mealey's Labor & Employment - 9th Circuit: Company Must Assume Unpaid Withdrawal Liability Of Its Predecessor

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 1 held that a company must assume its predecessor's unpaid withdrawal liability to a multiemployer pension plan because it was on constructive notice of potential withdrawal liability, reversing a lower court's ruling (Heavenly...

Mealey's Labor & Employment - Detroit Firefighters Failed To Show Bias In Layoffs; May Proceed Against Union

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on June 1 reinstated national origin and race bias claims by Detroit firefighters against their union as the result of a change in seniority calculation for layoffs, joining the Ninth and Seventh circuits in holding that Title VII of the Civil...

Mealey's Labor & Employment - 5th Circuit Affirms Arbitrator Ruling For Union In Dispute Over Contract Workers

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on June 1 upheld an arbitrator's ruling in favor of a union in a dispute over an employer's use of numerous contract workers to complete a large project, finding that parties were bound by the decision pursuant to their collective bargaining...

Mealey's Labor & Employment - 10th Circuit Upholds But-For Causation Instruction In Title VII Retaliation Case

DENVER - A district court did not err when it instructed a jury in a Title VII of the Civil Rights Act of 1964 retaliation case that the plaintiff must show that retaliatory animus was "the but for cause" for eliminating her position because that instruction is not equivalent to a "sole...

Mealey's Labor & Employment - Amici Warn Of Domino Effect, Higher Health Costs If ERISA Preemption Ruling Stands

WASHINGTON, D.C. - An Oklahoma Supreme Court ruling finding an insured's suit against a provider outside ERISA's preemption powers could topple the first domino in a chain leading to higher prices for health care generally, an amicus curiae group warns the nation's top court in a June 4 brief...

Mealey's Labor & Employment - Disability Bias Claim By Nurse Who Refused Vaccine Is Reinstated By 3rd Circuit

PHILADELPHIA - A Pennsylvania nurse, Aleka Ruggiero, who was fired for refusing to get a required vaccine, may proceed with her complaint under the Americans with Disabilities Act (ADA), a Third Circuit U.S. Court of Appeals panel ruled June 5 (Aleka Ruggiero v. Mount Nittany Medical Center, et al.,...

Mealey's Labor & Employment - 11th Circuit Reinstates Clerk's Race Bias, Retaliation Claims

ATLANTA - A clerk who was fired a week after complaining about alleged race discrimination may proceed with her claims of retaliation and some of her race and nationality discrimination claims, an 11th Circuit U.S. Court of Appeals panel ruled June 1, finding direct evidence of discrimination when the...

Mealey's Labor & Employment - NLRB Letter Confirms Commitment To Joint-Employer Rule-Making

WASHINGTON, D.C. - National Labor Relations Board Chairman John F. Ring sent a letter to three U.S. senators on June 5 confirming the NLRB's plans to engage in joint-employer rule-making in the near future.

Mealey's Labor & Employment - Court: UCL Claim Escapes ERISA Preemption, But Not Summary Judgment

LOS ANGELES - Intentional tort claims escape ERISA preemption, but the failure to allege that insurance defendants denied payments specifically to assist a competing provider dooms a chiropractic care provider's unfair competition law (UCL) claim, a California appeals court held in an opinion published...

Mealey's Labor & Employment - Split 4th Circuit Upholds Ruling For Bank On Accounting-For-Profit Claim

RICHMOND, Va. - A divided Fourth Circuit U.S. Court of Appeals panel on June 5 upheld a district court judgment holding that employees in a decade-long case over a bank's illegal transfer of assets from a 401(k) plan to an Employee Retirement Income Security Act pension plan failed to show that any...

Mealey's Labor & Employment - 5th Circuit Upholds Firing Of Officer Who Didn't Report Guard's Stolen Firearm

NEW ORLEANS - A medical center did not commit gender discrimination when it fired a police officer for failing to report that a security guard was in possession of a stolen gun but did not fire the security guard, a Fifth Circuit U.S. Court of Appeals panel ruled June 5 (Joe W. Collier v. The University...

Mealey's Labor & Employment - 9th Circuit: Mental Health Law Mandates Inpatient Room And Board Coverage

SAN FRANCISCO - Health insurance plans covering room and board for medical and surgical procedures must do so for inpatient mental health stays as well under federal law, a Ninth Circuit U.S. Court of Appeals panel held June 6 in reinstating an Employee Retirement Income Security Act action (Danny P...

Mealey's Labor & Employment - Deutsche Bank Awarded Partial Summary Judgment Over Alleged ERISA Violations

NEW YORK - A federal judge in New York on June 6 awarded partial summary judgment to Deutsche Bank Americas Holding Corp. and its co-defendants on allegations that they violated the Employee Retirement Income Security Act by engaging in prohibited transactions when overseeing a 401(k) plan, finding that...

Mealey's Labor & Employment - ERISA Prohibited Transaction Claims Alleged Against Disability Insurer Dismissed

WASHINGTON, D.C. - A District of Columbia federal judge on June 6 dismissed claims alleging that a short-term disability (STD) insurance provider violated the Employee Retirement Income Security Act by engaging in prohibited transactions after determining that the plan's trustees failed to prove...

Mealey's Labor & Employment - High Court Refuses To Grant Life Insurer's Petition In ERISA Beneficiary Dispute

WASHINGTON, D.C. - The U.S. Supreme Court on June 11 denied a life insurer's petition for writ of certiorari challenging a lower court's finding that a divorce decree suffices as a qualified domestic relations order (QDRO) that "clearly specifies" a decedent's daughter as the beneficiary...

Mealey's Labor & Employment - 8th Circuit Affirms: Arkansas PBM Regulations Preempted By ERISA

ST. LOUIS - An Arkansas federal judge did not err in deeming a 2015 state law that governs the conduct of pharmacy benefits managers (PBMs) preempted by the Employee Retirement Income Security Act, the Eighth Circuit U.S. Court of Appeals ruled June 8 (Pharmaceutical Care Management Association v. Leslie...

Mealey's Labor & Employment - Majority: CBAs Unambiguously Do Not Provide For Lifetime Retiree Health Care Benefits

CINCINNATI - A majority of the Sixth Circuit U.S. Court of Appeals on June 8 reversed a lower court's finding that plaintiffs satisfied their burden of proving that Honeywell International Inc. agreed to provide lifetime health care benefits to retirees from its Greenville, Ohio, plant, concluding...

Mealey's Labor & Employment - Judgment Entered Against Foot Locker In Pension Plan Dispute; Counsel Awarded $95M

NEW YORK - A federal judge in New York on June 8 entered an order of final judgment in favor of plaintiffs who claimed that Foot Locker Inc. violated the Employee Retirement Income Securities Act by failing to properly provide retirement plan participants with notices about changes to the plan and found...

Mealey's Labor & Employment - D.C. Judge Rules Against Delta Pilots, Says Trustee Not Arbitrary, Capricious

WASHINGTON, D.C. - Allegations by a putative class of approximately 1,700 former Delta Air Lines Inc. pilots that final benefits determinations made under their retirement plan violated the Employee Retirement Income Security Act were rejected June 11 by a District of Columbia federal judge, who found...

Mealey's Labor & Employment - 4th Circuit Upholds Arbitration Denial In Cable Tech's Pay Class Suit

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on June 12 affirmed denial of a motion to compel arbitration in a wage-and-hour class complaint by a cable technician, ruling that the technician's claims don't rely on the agreements he signed that reference arbitration and the district...

Mealey's Labor & Employment - Interlocutory Appeal Granted To Decide Personal Jurisdiction Class Dispute

WASHINGTON, D.C. - A District of Columbia federal judge on June 11 granted a motion to certify for interlocutory appeal a March order to allow the District of Columbia Circuit U.S. Court of Appeals to rule on whether the jurisdictional limits outlined in Bristol-Myers Squibb Co. v. Superior Court of...

Mealey's Labor & Employment - Kentucky Federal Judge Finds Sexual Orientation Is Not Protected Under Title VII

OWENSBORO, Ky. - Bias based on a worker's sexual orientation is not barred under Title VII of the Civil Rights Act of 1964 or Kentucky state law, a Kentucky federal judge ruled June 12, citing a 2009 decision by the Sixth Circuit U.S. Court of Appeals (Terry Lindsey v. Management & Training Corporation...

Mealey's Labor & Employment - 5th Circuit: Hospital Seeking Benefits Doesn't Need Specific Language From Every Plan

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on June 12 partially reinstated a hospital's claims for unpaid or underpaid benefits, ruling that claims for benefits under 29 U.S.C. Section 1132(a)(1)(B) don't need to identify the specific language of every plan provision to survive...

Mealey's Labor & Employment - CSX To Pay $3.2M To Settle EEOC Sex Bias Case

HUNTINGTON, W.Va. - A West Virginia federal judge on June 12 signed off on a $3.2 million settlement to be paid by CSX Transportation Inc. to end a lawsuit by the Equal Employment Opportunity Commission alleging that required strength tests for certain jobs was discriminatory against women (U.S. Equal...