Civil Procedure, Health Law, Labor & Employment Law

SuperVision Today - 2nd Quarter 2013

by Erin Jones Adams, R. Scott Adams, Alyesha Asghar Dotson, Carrie Harris, Eric W. Iskra, Eric E. Kinder, Richard Wallace | Spilman Thomas & Battle, PLLC on 5/16/2013

In This Issue: - Notes from the Chair & Executive Editor - The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers - Interns This Summer? Evaluating Your Unpaid Internship Programs...more

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

by Kimberly Ruppel | Dickinson Wright on 4/23/2013

In This Issue: - Supreme Court Update: Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent,Equitable Doctrines May Fill The Gaps: US Airways, Inc. v. McCutchen, 569 U.S. ___ (2013). In an...more

Whistleblower Guidance from NJ Appellate Court May Help Employers Keep More CEPA Claims from Reaching a Jury

by Harris Feldman | Schnader Harrison Segal & Lewis LLP on 4/23/2013

A plaintiff cannot succeed in whistleblower litigation against his former employer without demonstrating a specific, objectively reasonable belief that the employer violated a law or public policy, according to a recently...more

False Claims Act Focus - April 2013

by Mary Beth Bosco, Laurence Freedman, Michael Guiffre, Susan Baldwin Hendrix, Laura Laemmle-Weidenfeld | Patton Boggs LLP on 4/15/2013

EDITOR’S NOTE - The last few months have not failed to provide interesting False Claims Act (FCA) activity in the courts. We begin our newsletter by examining a case brought in the energy sector, alleging that a...more

“Full and Fair Review” — Okay to Disclose Medical Opinions on Appeal After Appeal Denial

by D. Michael Reilly | Lane Powell PC - ERISA Law on 4/11/2013

What does “full and fair” review during an ERISA appeal mean? Before the appeal decision is made, does the administrator have to disclose to the claimant medical opinions obtained during an appeal? Not if that opinion...more

PRRB Upholds Liquidation Requirement for Pension Expenses in Wage Index Calculation

by Mark A. Stanley | Ober|Kaler on 4/9/2013

The Provider Reimbursement Review Board (PRRB) has issued a decision upholding CMS’s policy of not recognizing pension expenses for purposes of calculating the wage index unless such expenses are liquidated within one year. ...more

Claims Administrator Does Not Have to Pay Statutory Penalties for Failing to Provide Requested Documents

by D. Michael Reilly | Lane Powell PC - ERISA Law on 3/26/2013

You know already that a plan administrator can be liable for statutory penalties under ERISA for failing to provide requested plan documents....more

Second Circuit Decision

by Joshua Alloy | Proskauer - Class & Collective Actions on 3/12/2013

In Lundy v. Catholic Health System of Long Island Inc., Plaintiffs – a respiratory therapist and two nurses – sued on behalf of a putative class of similarly situated employees and alleged that the Catholic Health System of...more

OSHA Announces Whistleblower Protections Under The Affordable Care Act

by Elina Basham | Akerman Senterfitt on 3/7/2013

The Affordable Care Act (ACA)'s whistleblower provisions may present a hazard for unsuspecting employers. On February 27, 2013, the Department of Labor's Occupational Safety and Health Administration (OSHA) released an...more

ERISA can apply to Individual Policies: Offering a group discount constitutes a “contribution” sufficient to create an ERISA plan

by D. Michael Reilly | Lane Powell PC - ERISA Law on 3/5/2013

Can ERISA apply to the claims made on individual policies purchased with discounted premiums? YES. ...more

The ERISA Litigation Newsletter - February 2013

by Anthony Cacace, Stacey Cerrone, Page W. Griffin, Jacklina Len, Kara L. Lincoln, Brian S. Neulander | Proskauer Rose LLP on 2/19/2013

In This Issue: - Editor's Overview - View from Proskauer: Are Your Conversations Privileged under ERISA? - Rulings, Filings, and Settlements of Interest ...more

Ohio District Court Decertifies Class of Health Care Workers in Meal Break Case

by Greg Mersol | BakerHostetler on 2/12/2013

We’ve commented several times in the past on the importance of the second phase of the two-step procedure now commonly employed by district courts in Fair Labor Standards Act cases. Under that procedure, courts will...more

The ERISA Litigation Newsletter - January 2013

by Anthony Cacace, Nicole Eichberger, Page W. Griffin, Jacklina Len, Kara L. Lincoln, James R. Napoli, Brian S. Neulander | Proskauer Rose LLP on 1/25/2013

In This Issue: - Editors' Overview - The Future Role of Experts in ERISA Class - View from Proskauer: Health Insurance Exchanges and Retiree Medical Exits--Five Ways To Make Sure It's Really a "Soft...more

Vegan Employee May Proceed with Religious Discrimination Claim

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/17/2013

A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more

SuperVision Today - 4th Quarter 2012

by R. Scott Adams, Alyesha Asghar Dotson, Eric W. Iskra, Eric E. Kinder | Spilman Thomas & Battle, PLLC on 12/26/2012

In This Issue: - Notes from the Chair & Executive Editor - How do you maintain at-will employment if you can't tell anyone? - Update on Class Actions Following Dukes v. Wal-Mart - Important Employer-Related...more

The ERISA Litigation Newsletter - December 2012

by Anthony Cacace, Bridgit M. DePietto, Page W. Griffin, Kara L. Lincoln, Brian S. Neulander, Howard Shapiro | Proskauer Rose LLP on 12/20/2012

In This Issue: - Editors' Overview - Supreme Court Revisits Meaning of 'Appropriate Equitable Relief' in US Airways v. McCutchen - Rulings, Filings, and Settlements of Interest ...more

Supreme Court of Virginia Grants Cert in Respondeat Superior Case

by Erin McNeill | Sands Anderson PC on 12/19/2012

Hat tip to the Virginia Lawyers Weekly for covering a story about a recent case that may have a far-reaching impact on the doctrine of respondeat superior in Virginia. The Supreme Court of Virginia has granted certiorari in a...more

City’s Promise To Pay Portion Of Future Retirees’ Medical Insurance Premiums Is Enforceable

by Jeffrey L. Massey, Laura Izon Powell, Bruce A. Scheidt | Kronick, Moskovitz, Tiedemann & Girard on 11/14/2012

A court of appeal recently concluded that a trial court erred when it dismissed a lawsuit by city employees who alleged in their petition that the memorandum of understanding (“MOU”) ratified by the city council promised...more

Employer Not Liable for Employee's Failure to Report Unpaid Time

by Michael A. Alaimo, Christopher M. Trebilcock | Miller Canfield on 11/13/2012

Following prior decisions of the Eighth and Ninth Circuit Courts of Appeals, in White v Baptist Memorial Health Care Corp., the Sixth Circuit Court of Appeals rejected claims brought by a former nurse seeking unpaid wages for...more

The ERISA Litigation Newsletter - November 2012

by Proskauer Rose LLP on 11/11/2012

In This Issue: - Editors' Overview - Second Circuit Rules That Amending A Multiemployer Plan Is Not a Fiduciary Act, But Leaves Many Questions Unanswered - How ACA Modifies ERISA's Benefit Claims...more

Sixth Circuit Confirms Employees Must Report Time Worked

by Proskauer - Class & Collective Actions on 11/8/2012

In White v. Baptist Memorial Health Care Corp. (PDF), the Sixth Circuit held yesterday that summary judgment was properly granted for an employer against an employee’s meal break claim, where the employee had failed to record...more

Sixth Circuit Upholds Decertification of FLSA Collective Action Challenging Automatic Meal Break Deductions

by Littler on 9/7/2012

In a significant victory for employers, the U.S. Court of Appeals for the Sixth Circuit, in Frye v. Baptist Memorial Hospital, Inc., 2012 U.S. App. LEXIS 17791 (6th Cir. 2012), upheld decertification of an FLSA collective...more

Just Because You Have Insurance Doesn’t Mean That You Have Coverage

by Leonard, Street and Deinard - Employee... on 8/2/2012

A recent federal court decision from the Eastern District of Wisconsin dealt with a situation of an employer who failed to provide a former employee proper COBRA notices and failed to accept a premium payment for the COBRA...more

ERISA Legal News - 2nd Quarter, 2012 • Volume 3, Number 2

by Dickinson Wright on 7/24/2012

In This Issue: IN THIS ISSUE: - Supreme Court’s Decision on Healthcare Reform – What Does This Mean To ERISA Welfare Benefit Plans? ....1 - SELECT CASE SUMMARIES....2 - DICKINSON WRIGHT ERISA...more

6th Circuit Upholds NLRB's Ruling That Nursing Home Charge Nurses Are Not Supervisors

by Miller & Martin PLLC on 6/25/2012

The U.S. Court of Appeals for the 6th Circuit (covering Tennessee, Kentucky, Ohio, and Michigan) has upheld a National Labor Relations Board’s (NLRB) determination that a unit of 43 charge nurses in an employer’s nursing home...more

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Civil Procedure › Health Law › Labor & Employment Law