Darren E. Nadel

Darren E. Nadel


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Supreme Court to Review Birth Control Mandates Under Affordable Care Act Once More

For the third time in four years, the U.S. Supreme Court will hear a challenge to a portion of the Affordable Care Act (ACA), President Obama’s signature health reform law passed in 2010. On November 6, 2015, the Supreme...more

11/9/2015 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Healthcare Reform Religious Freedom Restoration Act SCOTUS

Supreme Court Rules that Plan Fiduciaries Owe a Fiduciary Duty to Periodically Review Plan Investments

In a unanimous decision, the U.S. Supreme Court in Tibble v. Edison International held that plan fiduciaries owe an ongoing duty to review plan investments periodically to ensure compliance with their obligations under the...more

5/29/2015 - 401k Collective Bargaining Employee Benefits ERISA Fiduciary Duty Retirement Plan SCOTUS Tibble v Edison Int

Ninth Circuit Rules Assignee Health Care Providers May Sue Health Plans Under ERISA for Payment of Benefits

In an opinion with mixed implications for both insurers and health care providers, the U.S. Court of Appeals for the Ninth Circuit recently ruled that when plan beneficiaries assign their claims for payment of benefits to...more

12/4/2014 - Appeals Assignments Beneficiaries ERISA Health Care Providers Health Insurance Healthcare Standing

Ninth Circuit Joins First Circuit in Finding that the Elimination of a Pension Transfer Option does not Violate ERISA's...

In Anderson v. DHL Retirement Pension Plan, the Ninth Circuit followed the First Circuit in finding that the elimination of the right to transfer an account balance from a defined contribution plan to a defined benefit plan...more

10/7/2014 - Defined Contribution Plans ERISA Pensions Retirement

Supreme Court Rules in Favor of Hobby Lobby, Opens Door to Religious Objections to Statutes Covering Employers

On June 30, 2014, the U.S. Supreme Court ruled that closely held, for-profit entities with religious objections to certain aspects of the birth control mandate imposed by the Patient Protection and Affordable Care Act ("the...more

7/8/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Contraceptives Hobby Lobby Religious Exemption Religious Freedom Restoration Act SCOTUS

Ninth Circuit Uncharacteristically Takes the Lead in Limiting Plaintiffs' Rights to Recover for Breach of Fiduciary Duty under...

In 2011, the U.S. Supreme Court recognized, for the first time, that some forms of equitable relief could lead to an award of a monetary payment for breach of fiduciary duty under section 502(a)(3) of ERISA, 29 U.S.C. section...more

6/17/2014 - Breach of Duty Equitable Estoppel Equitable Relief Equitable Surcharge ERISA Fiduciary Duty Reformation SCOTUS

Tenth Circuit Says a Leave of Absence of More than Six Months Is Virtually Never a Required Accommodation

“[R]easonable accommodations…are all about enabling employees to work, not to not work.” This fundamental insight guides the recent decision by the U.S. Court of Appeals for the Tenth Circuit, holding that a six-month,...more

6/10/2014 - ADA Disability Disability Benefits Leave of Absence Reasonable Accommodation

New Jersey Court Rules Individual Can Be Criminally Prosecuted for Taking Confidential Information to Support Civil Whistleblower...

In 2010, the New Jersey Supreme Court created a qualified privilege for an employee taking documents to support an employment discrimination suit. However, this past December, in State of New Jersey v. Ivonne Saavedra, the...more

1/16/2014 - Confidential Information Personally Identifiable Information Property Theft Public Employees Qualified Privilege Retaliation Sex Discrimination Whistleblowers

Tenth Circuit is First Circuit to Determine Remedies for Violation of ERISA Section 204(h) Notice Requirements

The transition of many companies from using traditional "final average pay" plans to "cash balance" pension plans in the last two decades has created significant employee discontent, and therefore substantial litigation. ...more

7/8/2013 - ADEA Age Discrimination ERISA Health Insurance Policy Violations Remedies Retirement Retirement Plan

Tenth Circuit Rules in Favor of Religious For-Profit Corporations in Birth Control Litigation under the Affordable Care Act

In Hobby Lobby Stores, Inc. et al. v. Sebelius, et al.,1 an en banc panel of the U.S. Court of Appeals for the Tenth Circuit held that Hobby Lobby Stores Inc. and Mardel Inc., two for-profit corporations owned and operated by...more

7/8/2013 - Affordable Care Act Contraceptives Employee Benefits ERISA FDA Health Insurance Healthcare HHS Hobby Lobby HRSA Privately Held Corporations Religion RFRA Standing

Tenth Circuit Adopts a Broad View of What Constitutes Protected Activity Under Sarbanes-Oxley

In a recent decision, the Tenth Circuit approved the Department Of Labor Administrative Review Board’s broad view that Sarbanes-Oxley protects employees of publicly traded companies who blow the whistle on numerous types of...more

6/24/2013 - ALJ Emotional Distress Damages Fraud OSHA Sarbanes-Oxley Shareholders Whistleblowers

Tenth Circuit Upholds Employee Termination 2 Days After FMLA Leave Request

The Tenth Circuit Court of Appeals, in Brown v. ScriptPro, LLC, 2012 U.S. App. LEXIS 24364 (Nov. 27, 2012), recently clarified that discharging an employee within two days of a request for medical leave does not by itself...more

12/12/2012 - FMLA Interference Claims Performance Reviews Termination

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