LexisNexis® Legal Newsroom
Mealey's Labor & Employment - High Court Asks Government To Express Views In ERISA Indemnification Case

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 asked the U.S. solicitor general to file a brief expressing the government's views in a case that asks whether the Employee Retirement Income Security Act permits a cause of action for indemnity or contribution by a person found liable for breach...

Mealey's Labor & Employment - Michigan Tribe, Blue Cross Settle ERISA Plan Administration Claims

DETROIT - Michigan's Little River Band of Ottawa Indians and Blue Cross Blue Shield have settled the tribe's claims that Blue Cross breached its fiduciary duty and violated the Employee Retirement Income Security Act (ERISA) in administering the tribe's health care plan for employees, according...

Mealey's Labor & Employment - U.S. Supreme Court Accepts, Consolidates 3 Class Action Waiver Suits

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 granted petitions for writ of certiorari filed in three cases challenging the barring of class or collection action waivers in employment agreements, consolidated the three cases and granted a total of one hour for oral arguments (Epic Systems Corp...

Mealey's Labor & Employment - U.S. Supreme Court Accepts FELA Jurisdiction Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 agreed to hear the appeal of two consolidated personal injury cases in which the employer, BNSF Railway Co., has asked the high court to decide whether a state court may decline to follow the decision in Daimler AG v. Bauman (134 S. Ct. 746 [2014]...

Mealey's Labor & Employment - U.S. High Court Will Decide Where Review Of MSPB Mixed Case Should Occur

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 agreed to hear an appeal in which it has been asked to decide whether an appeal of a decision by the Merit Systems Protection Board (MSPB) issued in a "mixed" case - one involving a claim under the federal anti-discrimination laws - should...

Mealey's Labor & Employment - California Woman Files Class Action Over Denial Of Breastfeeding Support

OAKLAND, Calif. - A California woman on Jan. 13 filed a class action complaint in federal court alleging that she and other women have been wrongfully denied access to and coverage for a vital women's preventive service - breastfeeding support, supplies and counseling - for which coverage is mandated...

Mealey's Labor & Employment - States Urge 5th Circuit To Uphold Injunction Barring DOL Wage Rule

NEW ORLEANS - The state of Nevada and 20 other states filed a brief on Jan. 17 asking the Fifth Circuit U.S. Court of Appeals to uphold a nationwide preliminary injunction barring the U.S. Department of Labor (DOL) wage rule that was to increase the minimum salary level for executive, administrative...

Mealey's Labor & Employment - High Court Will Not Hear Issue Of Forum-Selection Clause In ERISA Disability Plan

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 17 denied review of a ruling by the Eighth Circuit U.S. Court of Appeals that enforced a forum-selection clause in a disability plan governed by the Employee Retirement Income Security Act (Lorna Clause v. U.S. District Court for the Eastern District...

Mealey's Labor & Employment - High Court Will Not Weigh In On Application Of Single-Employer Doctrine

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 17 let stand a Seventh Circuit U.S. Court of Appeals ruling that reversed the grant of summary judgment to four carpenter union fringe benefit funds that alleged that a general contractor failed to pay fringe benefits for work performed by nonunion labor...

Mealey's Labor & Employment - NLRB Regional Director Orders Election For Duke Ph.D. Student Unit

ATLANTA - All Ph.D. students at Duke University who are employed by the university to provide instructional services or research services, except for those students at Duke Kushan University and Duke-NUS Medical School, are employees within the meaning of Section 2(3) of the National Labor Relations...

Mealey's Labor & Employment - Split 9th Circuit: RLA Preempts Washington State Law In Leave Dispute

SEATTLE - The Railway Labor Act (RLA) preempts a flight attendant's claim that she was unlawfully denied the right to use already allotted vacation leave earlier than planned to care for a sick family member in violation of the Washington Family Care Act (WFCA), a Ninth Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - 4th Circuit Panel Affirms State Law Claims Are Preempted By ERISA

RICHMOND, Va. - In a case in which an employee alleged that his employer improperly administered life insurance benefits, a Fourth Circuit U.S. Court of Appeals panel on Jan. 27 affirmed a federal judge's decision dismissing the complaint alleging misrepresentation, constructive fraud and infliction...

Mealey's Labor & Employment - Missouri Federal Judge Lets ERISA Class Action Against Edward D. Jones To Proceed

ST. LOUIS - A Missouri federal judge on Jan. 26 refused to dismiss a putative class action alleging breach of fiduciary duties under the Employee Retirement Income Security Act, saying that a participant in an employer profit-sharing and 401(k) plan's complaint provided sufficient facts to plausibly...

Mealey's Labor & Employment - 3rd Circuit: Employer's Belief Of FMLA Leave Abuse Can Defeat Retaliation Claim

PHILADELPHIA - A Family and Medical Leave Act (FMLA) retaliation claim can be defeated where an employer shows that it honestly believed that an employee misused FMLA leave, a Third Circuit U.S. Court of Appeals panel ruled Jan. 30 (Fredrick Capps v. Mondelez Global, LLC, No. 15-3839, 3rd Cir., 2017...

Mealey's Labor & Employment - Puerto Rico Federal Judge Denies Motion To Dismiss Church Plan Class Action

SAN JUAN, Puerto Rico - A Puerto Rico federal judge on Jan. 27 adopted a magistrate judge's report and recommendation and denied pension plans' motion to dismiss an amended class action complaint alleging breaches of fiduciary duties under the Employee Retirement Income Security Act, saying the...

Mealey's Labor & Employment - 2nd Circuit: Settlement Offer Shouldn't Have Been Admitted In Disability Bias Suit

NEW YORK - A trial court erred when it permitted the admission of an employer's settlement offer and disqualified counsel on both sides in a disability bias suit brought by a pregnant employee, a Second Circuit U.S. Court of Appeals panel ruled Feb. 2 (Jia Sheng v. M&TBank Corporation, et al...

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: 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 - 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...