News & Analysis as of

Equitable Relief Settlement

U.S. Equal Employment Opportunity Commission...

Cutter Mazda of Honolulu Settles EEOC Disability Discrimination Case

Company Commits to Ongoing Efforts to Hire and Recruit Deaf and Hard of Hearing Applicants - HONOLULU, Hawaii - Cutter Mazda of Honolulu ("Cutter Mazda") and the U.S. Equal Employment Opportunity Commission (EEOC) entered...more

Goodwin

FTC Settles With Operators of Debt Collection Scheme, Permanently Barring Defendants From Debt Collection

Goodwin on

On December 11, the Federal Trade Commission (FTC) announced it had reached a settlement with the remaining Defendants in an enforcement action against multiple related companies and their controllers involved in an alleged...more

U.S. Equal Employment Opportunity Commission...

Diversified Maintenance Systems, LLC Will pay $750,000 to Settle EEOC Racial Discrimination, Harassment and Retaliation Lawsuit

Tampa-Based Janitorial Service Provider Rejected African-Americans for Jobs and Punished Black Employee for Opposing Discrimination, Federal Agency Charged - BALTIMORE - Janitorial Service Provider Diversified Maintenance...more

U.S. Equal Employment Opportunity Commission...

Stanley Black & Decker Will Pay $140,000 to Settle EEOC Disability Discrimination Suit

Tool Manufacturer Fired Employee Who Needed Leave for Medical Treatment, Federal Agency Charged - BALTIMORE - Stanley Black & Decker Inc., a global diversified industrial company, will pay $140,000 and furnish significant...more

Goodwin

First Half of 2018 Sees Significant Decline in Publicly Announced or Publicly Filed Enforcement Activity

Goodwin on

During the first half of 2018, Enforcement Watch tracked 40 publicly announced or publicly filed enforcement actions involving consumer financial services companies. The 18 enforcement actions tracked during Q1 2018 represent...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - March 2016

Proskauer Rose LLP on

Editor’s Overview - This month we review the U.S. Supreme Court’s decision in Montanile v. Board of Trustees of National Elevator Industries Health Benefit Plan where the Supreme Court considered the scope of...more

Proskauer - Advertising Law

Companies to Pay Heavy Fine for Weight Loss Products

When it comes to certain diet pills, perhaps the only things getting slimmer are the wallets of the companies that sell them. Those companies, including Sale Slash LLC, agreed to pay over $43 million in a settlement last...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says No Subrogation Claims from Health Plan After Participant Spends Settlement

On January 20, the Supreme Court released its decision in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, concluding that although health plan fiduciaries can generally seek subrogation...more

Brownstein Hyatt Farber Schreck

ERISA Plans Should Act To Reinforce Reimbursement Rights In Light Of Recent SCOTUS Decision

Group health plan administrators should take actions to address the recent U.S. Supreme Court decision holding that an ERISA plan cannot enforce its equitable lien, which had been established through the plan’s reimbursement...more

Eversheds Sutherland (US) LLP

Supreme Court: For ERISA Plans, Time May Be Money

A new U.S. Supreme Court decision is a reminder that Employee Retirement Income Security Act (ERISA) plans must act promptly if they want to assert a lien to secure a participant’s obligation to reimburse medical expenses or...more

Cozen O'Connor

Supreme Court Sends ERISA Plans Racing to the Courthouse for Subrogation Recoveries

Cozen O'Connor on

The Supreme Court of the United States recently handed down a decision that opens the door for participants in ERISA-covered benefits plans to stop a lawsuit against them in its tracks by doing something that most people love...more

Bryan Cave Leighton Paisner

Hurry up and Spend the Money?

It’s like a simple set of facts on a law school exam with an answer that defies logic. And, yet, Supreme Court precedent has brought us to this illogical conclusion. Facts: Participant agrees to reimburse the plan money it...more

McDermott Will & Emery

Supreme Court Issues Further Clarification on Equitable Relief Remedies Available Under ERISA

McDermott Will & Emery on

ERISA Section 502(a)(3) empowers plan fiduciaries to file suit “to obtain … appropriate equitable relief … to enforce … the terms of the plan.” In 1993, the Supreme Court of the United States interpreted this ERISA provision...more

McGuireWoods LLP

Supreme Court Limits ERISA Healthcare Plan’s Reimbursement Rights: What Montanile Really Means

McGuireWoods LLP on

Last week, the United States Supreme Court held that an ERISA healthcare benefit plan with reimbursement rights can only obtain “appropriate equitable relief” when enforcing its lien against a third-party settlement, thus...more

U.S. Equal Employment Opportunity Commission...

Coatesville Popeye’s will Pay $36,000 To Settle EEOC Age Discrimination Lawsuit

Restaurant Manager Refused to Hire Three, Including Two Veterans, Because They Were 'Too Old,' Federal Agency Charged - PHILADELPHIA - Coatesville Chicken, LLC, doing business as Popeye's Louisiana Kitchen in...more

Jackson Walker

Supreme Court Rules No ERISA Plan Recovery of Nontraceable Settlement Funds

Jackson Walker on

In Montanile v. Bd. of Trs. of the Nat'l Elevator Indus. Health Benefit Plan, the U.S. Supreme Court on January 19 held that when an ERISA plan participant wholly dissipates a third-party settlement on nontraceable items, a...more

U.S. Equal Employment Opportunity Commission...

Wal-Mart Stores East Will Pay $72,500 to Settle EEOC Disability Discrimination Lawsuit

Retailer Refused to Reasonably Accommodate Applicant With End-Stage Renal Disease, Federal Agency Charged - BALTIMORE - Wal-Mart Stores East, L.P., will pay $72,500 and provide significant equitable relief to settle a...more

BakerHostetler

Ninth Circuit Narrowly Upholds Class Settlement In Misclassification Case

BakerHostetler on

We’ve commented several times recently on the increasing scrutiny courts are giving to class action settlements generally, and to attorney fee awards in particular. A recent decision from the Ninth Circuit, although it...more

U.S. Equal Employment Opportunity Commission...

Winebrenner Transfer Will Pay $42,000 to Settle EEOC Retaliation Lawsuit

Trucking Company Fired Female Driver Because She Complained About Pay Discrimination, Federal Agency Charges - BALTIMORE - Winebrenner Transfer, Inc., a Hagerstown, Md.-based commercial trucking company, will pay...more

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