News & Analysis as of

Employee Benefits Wrongful Termination

ArentFox Schiff

Illinois Appellate Court Declines to Extend Crime-Fraud Exception To Defamation Claims

ArentFox Schiff on

Allegations of defamation and conspiracy to defame alone are insufficient to establish the crime-fraud exception and defeat the attorney-client privilege, the Illinois Appellate Court recently held. In MacDonald v....more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - December 2023

Saul Ewing LLP on

This month’s Friday Five explores a decision ordering an IME prior to a ruling on summary judgment motions, the extent claims reporting records can be sealed, the scope of ERISA preemption in the context of removal, and two...more

Foley & Lardner LLP

Court Denies Motion to Dismiss Suit Alleging that Franchisor Was a Joint Employer

Foley & Lardner LLP on

In Acuff v. Dy N Fly, LLC, four female plaintiffs sued a franchisor of hair salons (Dy N Fly), two of its franchisees, and the owner of the two franchisees for wrongful retaliatory termination and sexual harassment in the...more

Whitcomb Selinsky, PC

[Webinar] Employment Law 101: For Small Businesses - February 16th, 11:00 am - 12:00 pm MST

Whitcomb Selinsky, PC on

All small businesses today encounter numerous changes to employment laws and regulations that are often misunderstood, oversimplified, or under-appreciated. These misunderstandings can result in hurried action by both...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor: Court Rules LTD Benefits Properly Terminated After Plaintiff Failed to Undergo Recommended Surgery for...

In Hall v. Aetna Life Ins. Co., 2021 U.S. Dist. LEXIS 117331 (N.D. Cal. June 23, 2021), a California district court held that an ERISA claim administrator properly terminated long-term disability (LTD) benefits after the...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights – December 2020

Saul Ewing LLP on

This month’s Friday Five covers recent cases addressing: (1) the validity of a judgment that includes retroactive “any occupation” benefits where no administrative determination on those benefits has been made; (2) the...more

Seyfarth Shaw LLP

California Appellate Court Affirms Broad Scope of ERISA Preemption in State Law Privacy Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an unpublished yet fascinating decision, the California Court of Appeal held that ERISA § 514 preempts state law causes of action premised on wrongful disclosure of protected private health information....more

Stinson - Benefits Notes Blog

Owner/Trustee of 401(k) Plan Accused of Having Eyes Wide Shut on Fiduciary Duties

Last June I blogged about the trend of participant fee class actions moving down to smaller 401(k) Plans. Occasionally, class actions are brought based on other breaches of fiduciary duties, particularly those involving...more

Proskauer - Employee Benefits & Executive...

ERISA Section 510 Interference Claim Time Barred

A federal magistrate judge in Pennsylvania recommended that a class action complaint claiming that AlliedBarton terminated certain employees to prevent them from reaching eligibility for vacation benefits be dismissed as...more

Seyfarth Shaw LLP

Don’t Be a Menace to South Central (Houston Action Council) When Your ERISA Claim Is No Good

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision district court ruling affirms that in a benefit discrimination claim, just as in a typical claim of employment discrimination, to survive summary judgment a plaintiff must demonstrate that...more

Akerman LLP - HR Defense

Reminder To HR Professionals: You Can Be Held Personally Liable For FMLA Violations

A recent decision offers a not-so-friendly reminder to HR professionals and supervisory employees: you can be individually liable for FMLA violations if you review, approve, and correspond with employees regarding their FMLA...more

BakerHostetler

Second Circuit Defines Test for Individual Liability Under the FMLA

BakerHostetler on

In Graziadio v. Culinary Institute of America, et al., 15-888-cv (2d. Cir. Mar. 17, 2016), the United States Court of Appeals for the Second Circuit reversed the district court’s grant of summary judgment in favor of the...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide