Insurance company Guardian recently surveyed more than 2,000 employers and employees concerning mental health issues. Over 81% of employers said that mental health issues increased absences at their workplaces, 50% reported seeing an increase in mental health claims, and 30% admitted to an increase in claims related to postpartum depression. In turn, as more employees take leave based on mental health issues, Read More
Blue Cross Advocates for Less Regulation of AI by States
The Big Data and Artificial Intelligence Working Group of the National Association of Insurance Commissioners (NAIC) is developing an artificial intelligence (AI) evaluation tool for use by state insurance regulators. The NAIC represents 33 independent U.S. insurance organizations. The purpose of the tool is to gauge the extent to which insurance companies rely on AI systems and how well they monitor their use. NAIC Read More
11th Circuit Affirms Dismissal of Fired Flooring Company CEO’s Suit Over Severance Package
A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit declined to revive a suit filed by Jay Gould, the former CEO of Interface Inc., a flooring manufacturer, seeking a severance package. Interface fired Gould after he went on a drunken rant at a company function and used explicit swear words to describe another employee. The panel decision characterized Gould’s appeal as an impermissible Read More
Court Denies Investment Adviser’s Bid to Dismiss Utility Co. 401(k) Suit
A Missouri federal district court judge refused to dismiss a proposed class action suit by former employees of a Midwest utility company alleging that an investment adviser cost them millions in retirement plan losses after giving them poor advice. The case is Doll et al. v. Evergy Inc. et al., Case Number 4:25-cv-00043, U.S. District Court for the Western District of Missouri. Former employees and participants in Read More
Georgia Tech Settles Cybersecurity Whistleblower Suit for $875K
The U.S. Department of Justice (DOJ) has announced that the Georgia Institute of Technology will settle a whistleblower qui tam suit for $875,000. The case is U.S. ex rel. Craig and Koza v. Georgia Tech Research Corp., Case Number 1:22-cv-02698, U.S. District Court for the Northern District of Georgia. Two former cybersecurity team members of Georgia Tech’s research arm alleged that it had purposely failed to comply Read More
Notable ERISA Rulings from November
C.P. et al. v. Blue Cross Blue Shield of Illinois, Case Number 23-4331, U.S. Court of Appeals for the Ninth Circuit In C.P., the U.S. Court of Appeals for the Ninth Circuit overturned a grant of summary judgment in a class action in favor of transgender employee health plan participants who claimed that the insurance giant’s denials of coverage for gender-affirming care discriminated against them. On appeal, a Read More
Adidas Investors Claim Company Hid Rapper’s Hate Speech
Adidas investors appealed to the U.S. Court of Appeals for the Ninth Circuit to renew their putative securities class action that an Oregon federal district court judge dismissed in August 2024. According to investors, Adidas failed to disclose the risks of relying on Ye (f/k/a Kanye West and a/k/a Yeezy) for a multibillion-dollar partnership due to the rapper’s extreme antisemitism. They claim that although the Read More
Lawsuits Over Second Jobs and Wage Transparency Surge
Washington State’s federal courts are seeing a rash of employment litigation. Much of the litigation involves laws barring restrictive covenants and encouraging wage transparency, which have spurned suits claiming that employers failed to disclose wages or salary ranges in job positing. Other suits involve legal challenges to employers that refuse to allow workers to moonlight at second jobs. Targets of these suits Read More
December 2025 | OBBBA Rings in the New Year with Important Changes
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4th Circuit Questions Class Status in Genworth Financial 401(k) Suit
A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit seemed to express doubt over the propriety of class status during arguments in an Employee Retirement Income Security Act (ERISA) lawsuit by Genworth Financial employee retirement plan participants. The class, which consists of nearly 4,000 members, claims that their retirement savings plummeted due to underperforming BlackRock target date Read More
