LexisNexis® Legal Newsroom
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...

Mealey's Labor & Employment - Supreme Court Won't Review ERISA Ruling Allowing Insured To Sue Hospital

WASHINGTON, D.C. - The U.S. Supreme Court on June 18 declined to review a ruling by Oklahoma's top court finding an insured's class action challenging a health care provider's billing practices outside of the Employee Retirement Income Security Act's preemptive powers (INTEGRIS Health...

Mealey's Labor & Employment - U.S. High Court Won't Hear Exotic Dancers' Wage Suit, 3 Other Employment Appeals

WASHINGTON, D.C. - The U.S. Supreme Court on June 18 denied a petition for writ of certiorari filed by a gentleman's club after an appeals court declined to enforce arbitration agreements given to the club's exotic dancers after a wage-and-hour complaint was already filed and also denied petitions...

Mealey's Labor & Employment - Panel Reverses Ruling, Says Beneficiary Denied A Full And Fair Review Under ERISA

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 14 determined that a life insurer abused its discretion in denying a beneficiary's claim for life insurance benefits because the beneficiary was denied a full and fair review under the Employee Retirement Income Security Act and the denial...

Mealey's Labor & Employment - 7th Circuit Affirms: Daughter Not Entitled To Mother's Pension

CHICAGO - A denial of pension benefits sought by the daughter of a plan participant who died three days after retirement and three days before the start of her pension was neither arbitrary nor capricious, a unanimous Seventh Circuit U.S. Court of Appeals panel ruled June 13 (Estate of Linda Faye Jones...

Mealey's Labor & Employment - Disability Benefits Suit Remanded For Determination On Equitable Remedy

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 15 remanded a disability benefits dispute to the district court to determine whether the claimant is entitled to equitable relief based on the disability plan's failure to properly offset the claimant's disability benefits (Petar...

Mealey's Labor & Employment - Facebook Instant Messages Deemed Discoverable In Anthem ERISA Class Action

INDIANAOLIS - In light of a defendant's showing of relevance and the plaintiffs' failure to establish privilege, an Indiana federal magistrate judge on June 14 concluded that a Facebook instant message string between two named plaintiffs was not covered by a protective order in a putative class...