Employee Benefits

Chief Justice Criticizes ‘Disingenuous’ Characterization of Administration Flip-Flops

Chief Justice John G. Roberts Jr. made it clear during oral arguments on Tuesday that he wasn’t happy with footnote 9 in a brief by the Solicitor General’s office. Roberts “publicly dressed down an Obama administration lawyer” for disguising policy changes made under new presidents, Reuters reports. Though it wasn’t…

Nov 29, 2012 11:30 AM CST

Unit of Bank of New York Mellon to Pay $210M Settlement for Madoff Investor Advice

A Bank of New York Mellon subsidiary that advised clients who invested with Bernard Madoff has agreed to pay $210 million to settle suits by the U.S. Department of Labor, the New York Attorney General’s office and private investors. Ivy Asset Management is paying the money to resolve allegations that…

Nov 13, 2012 3:41 PM CST

What Do DOMA Decisions Mean for Employment Law?

As courts strike down laws that ban same-sex marriage, lawyers wonder if employers will change benefits to be more inclusive for lesbian and gay employees, reports Corporate Counsel. The article cites the recent U.S. Court of Appeals for the Second Circuit opinion (PDF) that nixed the Defense of Marriage Act.…

Oct 23, 2012 3:06 PM CDT

The Next Chapter: Municipalities Are Using Chapter 9 to Fend Off Creditors

Jefferson County is wrestling with $3 billion in bond indebtedness left largely from an ambitious sewer system upgrade that was plagued by waste and corruption. If the Alabama state legislature rejects a proposed settlement, the state’s most populous county may be forced to file the largest municipal bankruptcy in history.…

Nov 1, 2011 10:00 AM CDT

Retired BigLaw Attorneys Embrace New Clients in People-Oriented Public Service Jobs

When he left Dickstein Shapiro in 2004, James Springer was a top antitrust lawyer. Now, working part-time for the D.C. Legal Aid Society, the 77-year-old attorney handles benefits claims. Working on Social Security claims is every bit as complex as his former practice area, he tells the National Law Journal.…

Oct 24, 2011 8:00 PM CDT

Insult to Injury: Texas Workers’ Comp System Denies, Delays Medical Help

Photo of Ed Martin by Pam Francis As Deputy Sheriff Ed Martin sat by his squad car in a fast-growing pool of his own blood, he called his wife and woke her at 3:30 a.m. He knew he might die from the point-blank shotgun blast that greeted him moments earlier…

Oct 1, 2011 10:10 AM CDT

Complex Labyrinth of Rules Can Wreak Havoc on a Seemingly Clear-Cut Plan for Retirement Assets

Think you know who will get your retirement-account assets after your death? Think again. Even those who seemingly have named beneficiaries on the right form might be surprised if they could see who actually gets the money, according to the Wall Street Journal. Federal law, for example, trumps beneficiary designations…

Sep 7, 2011 8:49 PM CDT

8th Circuit OKs Denial of Social Security Benefits to Daughter Born 2 Years After Dad’s Death

A federal appeals court has reversed a trial court ruling that a girl born, with the help of in vitro fertilization, two years after her dad’s death is entitled to social security benefits. Upholding an Iowa law, since amended, that was enacted before assisted reproductive techniques made such births possible,…

Aug 30, 2011 7:49 PM CDT

Lesbian Spouse of Deceased Cozen Partner Sues Firm and Spouse’s Parents Over Benefits

Married in Canada to a Cozen O’Connor partner, the lesbian spouse of Sarah Ellyn Farley filed a counterclaim in federal court in Philadelphia yesterday staking a claim to benefits following Farley’s death. Naming the firm and Farley’s parents as defendants, Jennifer Tobits says she is entitled to her spouse’s profit-sharing…

Aug 2, 2011 8:27 PM CDT

Get a Plan B: Disability Insurance Needs to Be in Your Insurance Plan

Accident, illness and injury can strike anyone, even busy attorneys. So, from solo to BigLaw to in-house practitioner, everyone should have a financial backup plan that includes disability insurance. Illness or disability affects 40 percent of U.S. workers in the 30- to 50-year-old group, according to the U.S. Centers for…

Jun 1, 2011 6:00 AM CDT

Mack Trucks, Volvo Settle Benefits Case Brought by Retirees for $525M

Mack Trucks and its parent company, Volvo, agreed to pay $525 million to retired employees who challenged the company’s proposed reductions to lifetime health benefits in an Eastern District of Pennsylvania class action lawsuit. According to the Legal Intelligencer, Senior U.S. District Judge R. Barclay Surrick gave preliminary approval of…

May 17, 2011 8:24 PM CDT

Scalia Accuses Majority of ‘Blatant Dictum’ in Paving a Second Avenue for ERISA Relief

The U.S. Supreme Court is giving about 25,000 Cigna Corp. employees another chance to force changes in the company’s pension plan. The Supreme Court opinion (PDF) said the employees may be entitled to relief under the Employee Retirement Income Security Act, but not under the provision applied by the federal…

May 16, 2011 3:43 PM CDT

NYC Lawyer Who Was Overpaid Pension Due to Computer Error Loses Legal Bid to Keep It

A former lawyer in the New York City Corporation Counsel’s Office isn’t entitled to keep a pension overpayment caused by a computer error, a judge has ruled. After seven years of pension payments, lawyer Alice Olick learned she had been overpaid $33,000, the New York Law Journal reports. The New…

May 3, 2011 1:49 PM CDT

Suit Claims Ropes & Gray Gave Female Partner’s Clients to Younger Male Lawyers

A fired Ropes & Gray partner has filed an age and sex discrimination suit that contends the firm ousted her at age 63 after she complained that her clients were being transferred to younger male lawyers. Patent lawyer Patricia Martone filed the suit Tuesday in Manhattan federal court, Above the…

Mar 25, 2011 1:27 PM CDT

Ex-Ice Miller Associate Files ERISA Suit, Says Disability Payments re Motorcycle Accident Botched

A former associate of Ice Miller has filed an ERISA suit against the Indianapolis-based law firm contending that it messed up the long-term disability payments he was supposed to receive after a 1987 motorcycle accident that left him unable to work there due to cognitive impairment. Michael Bailey, 50, is…

Mar 22, 2011 10:52 PM CDT