Employee Benefits

Court Accepts ERISA Case Involving Pension Rights After Divorce

The U.S. Supreme Court has agreed to decide the validity of a divorcing spouse’s waiver of a right to the other’s pension benefits under the Employee Retirement Income Security Act, SCOTUSblog reports. The New Orleans-based 5th U.S. Circuit Court of Appeals had ruled (PDF) in the case, Kennedy v. Plan…

Feb 19, 2008 6:04 PM CST

N.J. Ethics Opinion Allows Ghostwritten Pleadings for Indigent Clients

A New Jersey ethics opinion says lawyers may ethically draft pleadings for litigants without telling the court—in limited circumstances. Opinion 713 by the New Jersey Supreme Court’s Advisory Committee on Professional Ethics says lawyers may ghostwrite pleadings to help someone who can’t afford a lawyer or as part of a…

Jan 29, 2008 1:06 PM CST

Law’some Gifts!

The law is a jealous mistress, making it tough to find time to do holiday shopping. Here are our gift ideas for clients and colleagues—both naughty and nice.

Dec 1, 2007 8:25 PM CST

Supreme Court Likely to Allow Individual’s 401(k) Suit

The U.S. Supreme Court appears likely to allow a lawsuit against the administrators of a 401(k) plan accused of causing an individual’s $150,000 loss, the New York Times reports. The issue in LaRue v. DeWolff, Boberg & Associates Inc. is whether the Employee Retirement Income Security Act allows suits for…

Nov 27, 2007 1:28 PM CST

Court Considers Right to Sue for Mishandled 401(k)

Three justices from the U.S. Supreme Court’s liberal wing appeared sympathetic today to arguments on behalf of a man who lost $150,000 in his 401(k) plan. James LaRue claims he lost the money because administrators of his 401(k) retirement plan twice failed to follow his direction to move the money…

Nov 26, 2007 6:59 PM CST

Health Plans More Aggressive in Seeking Legal Recoveries, Thanks to High Court

Some people who are injured and receive a settlement or verdict are getting a big surprise: More litigation from the health plan that paid their benefits and now wants the money back. Employee health plans are getting more aggressive about enforcing subrogation clauses that permit recovery of the money, buoyed…

Nov 20, 2007 11:55 AM CST

Taking On the Job

The court weighs worker rights in age bias, benefits suits

Nov 1, 2007 9:02 PM CDT

Dead, Cautious Clients May Spoil High Court Appeals

One client whose balloon catheter burst later died, but his lawyer sought a U.S. Supreme Court appeal without knowing it. Another client who sued the administrator of a 401(k) plan withdrew his money from the account at issue. And now Supreme Court appeals filed in their names could be tossed.…

Sep 20, 2007 11:59 AM CDT

Video Surveillance Trips Up Insurer

An insurance company’s aggressive surveillance of an injured woman has led a federal appeals court to reopen the insurer’s decision to cut off disability benefits. Hartford Insurance Co. continued the surveillance even though it had turned up no evidence of fraud, the Legal Intelligencer reports in its story on the…

Sep 17, 2007 1:31 PM CDT

Legal Info Can Save Some Cancer Patients

Corrected: A little-known federal law entitles breast and cervical cancer patients under age 65 to Medicare treatment, even if they wouldn’t normally qualify for the federally funded health care program for the indigent. But in a number of states only some health care centers qualify for Medicare reimbursement under the…

Sep 13, 2007 9:37 PM CDT

80 Law Firms Ask IRS for New Deadline

A coalition of more than 80 law firms is petitioning the Internal Revenue Service to extend by one year a deadline for imposing new regulations on nonqualified deferred compensation under section 409A of the Internal Revenue Code. The effort, led by Skadden, Arps, Slate, Meagher & Flom, and involving a…

Aug 20, 2007 8:47 PM CDT

Pension Suit Turns on Partner Definition

A “partner” who was denied pension benefits from her former law firm because she was not considered a shareholder will get a chance to prove she is entitled to the money. The 2nd U.S. Circuit Court of Appeals ruled (PDF) Wednesday that a magistrate erred in barring Karen Strom from…

Aug 17, 2007 11:05 AM CDT

Are FedEx Drivers Really Contractors?

Are Federal Express drivers independent contractors? That is the potentially very expensive question to be answered by a federal case in South Bend, Ind., where a judge is to hold a hearing later this month about whether similar claims from drivers in 29 states that they are actually employees should…

Aug 8, 2007 4:12 PM CDT

401(k) Class Action Reinstated

A federal appeals court has ruled a former employee who cashed out of his 401(k) plan has standing to sue for mismanagement. The July 31 ruling (PDF) by the 3rd U.S. Circuit Court of Appeals reinstates a class action that claims the plan administrator should not have offered an option…

Aug 3, 2007 11:14 AM CDT

Judge in $2 M Libel Case Seeks to Retire

A judge who won a $2 million libel verdict against the Boston Herald is now on sick leave and seeking to retire on a disability pension. Superior Court Judge Ernest B. Murphy says he is suffering from post-traumatic stress syndrome as a result of the paper’s coverage criticizing his judicial…

Aug 2, 2007 8:41 PM CDT