LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Man's Conviction, Sentence For Insurance Fraud Upheld By Ohio Appeals Court

TOLEDO, Ohio - A trial court judge did not err when allowing a jury to hear evidence about an administrative hearing that concluded that a man should be terminated from his job for representing that he was married to obtain insurance benefits for his ex-wife because presentation of the information did...

Mealey's Labor & Employment - 9th Circuit Upholds Class Decertification In Costco Worker Wage Suit

PASADENA, Calif. - A California federal court did not err in decertifying a class of Costco Wholesale Corp. workers alleging various wage violations after finding that individualized issues predominate over common ones, a Ninth Circuit U.S. Court of Appeals panel ruled Jan. 20 (Eric Stiller, et al. v...

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 - Federal Judge Bars Partial Testimony In Disability Discrimination Lawsuit

DALLAS - In a disability discrimination suit, a Texas federal judge on Jan. 24 excluded an expert's opinion that "audism and phonocentric views may have prevented accommodations" from being made to two women (Equal Employment Opportunity Commission v. S&B Industry Inc. d/b/a Fox Conn...

Mealey's Labor & Employment - 11th Circuit Finds Fired Employee's Email Access Violated CFAA, SCAA

MIAMI - Concluding that a former employee was properly terminated for cause, an 11th Circuit U.S. Court of Appeals panel on Jan. 25 ruled that he violated both the Computer Fraud and Abuse Act (CFAA) and the Stored Communications Act (SCA) by accessing the emails of other employees without authorization...

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 - Former 49ers Cheerleader Sues NFL, Teams for Alleged Wage Suppression

SAN FRANCISCO - A former cheerleader for the San Francisco 49ers, identified only as Jane Doe, filed a lawsuit Jan. 31 in the U.S. District Court for the Northern District of California accusing NFL Enterprises LLC and individual teams of conspiring to suppress the wages of cheerleaders while the salaries...

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 - Magistrate Judge: Migrant Tobacco Workers To Be Deposed In Mexico

LOUISVILLE, Ky. - A federal magistrate judge in Kentucky on Feb. 3 found that the owners of a tobacco farm who were sued for allegedly violating federal work visa laws will not face an undue hardship by having to depose a group of migrant workers in Mexico, denying the owners' motion for a protective...

Mealey's Labor & Employment - MetLife Claim Specialists Sue For More Than $50M In Overtime Wages

NEW HAVEN, Conn. - A former insurance company long-term disability (LTD) claim specialist filed a nationwide class complaint Feb. 7 in the U.S. District Court for the District of Connecticut seeking more than $50 million from her former employer and two of its subsidiaries for unpaid overtime (Stephanie...

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...