Federal appellate courts issued various decisions involving the Employee Retirement Income Security Act (ERISA) in the latter half of 2023. Here are five important ERISA decisions that benefits attorneys should know. Cunningham et al. v. Cornell University et al., case number 21-88, U.S. Court of Appeals for the Second Circuit The U.S. Court of Appeals for the Second Circuit issued an opinion affirming the Read More
Law Firm Enlists Lockheed Martin Workers in Potential Suit to Challenge Health Care Costs
The New York City Law Firm Fairmark Partners is investigating filing a class action lawsuit against aerospace company Lockheed Martin regarding its handling of employee healthcare premium contributions. As a result, the law firm is soliciting feedback from current and former Lockheed Martin employees on the TopClassActions website. Fairmark cites dramatically increasing healthcare costs as the impetus for its Read More
Senate Advances New Bill Seeking PBM Reform
The Senate Finance Committee unanimously voted to advance the Better Mental Health Care, Lower-Cost Drugs and Extenders Act, a comprehensive bill seeking increased transparency and comprehensive PBM reform. The bill also would create a list of discounted drugs with high rebates available in Medicare Part D and address various other healthcare issues. Among the provisions in the bill are the following: The Read More
11th Circuit to Consider Legality of Exclusion of Transgender Medical Care from Plan
A panel of the U.S. Court of Appeals for the 11th Circuit recently heard oral arguments in the appeal of an unlawful discrimination case involving a county health plan’s exclusion of coverage of gender transition surgery. The case is Anna Lange v. Houston County, Georgia, et al., case number 22-13626, U.S. Court of Appeals for the Eleventh Circuit. Houston County, Georgia, and its Sheriff, Cullen Talton, appealed Read More
Former FBI Agent Files Discrimination Claim Alleging Sexual Harassment and Hostile Work Environment
A former FBI agent has filed suit in an Indiana federal court claiming sexual harassment and a hostile work environment while working in the Indianapolis field office. The case is Rachwalski v. Garland et al., case number 1:23-cv-02138, U.S. District Court for the Southern District of Indiana. According to the suit, Alexis Rachwalski worked at the FBI's Indianapolis field office in January 2020. A supervisor made Read More
Met Opera Faces ERISA Suit Stemming from “Extra Musician” Retirement Plan Rule
An oboist who performed as an extra musician for the New York Metropolitan Opera for more than 30 years filed suit against the company, alleging that it allegedly restricted access to its retirement plan for extra musicians in violation of ERISA. The case is Sharon Meekins v. The Metropolitan Opera Association Retirement Plan et al., case number 1:23-cv-09990, U.S. District Court for the Southern District of New Read More
NJ Hospital Urges State Supreme Court to Overturn $26M Verdict
Valley Hospital recently argued before the New Jersey Supreme Court to overturn a $26 million verdict that a jury awarded the North Jersey Brain and Spine Center (NJBSC) and its 11 neurosurgeons following a four-week trial. According to the hospital, the neurosurgeon group failed to state a claim upon which relief could be granted, and the trial court should have dismissed the case before it ever went to trial before Read More
Former Employee Dismisses ERISA 401(k) Suit Concerning BlackRock Funds
A former employee of Advance Publications, Inc., the holding company for Conde Nast, voluntarily dismissed his proposed class action ERISA 401(k) suit over poorly performing BlackRock funds. Ex-worker Jermaine Anderson had the opportunity to raise ERISA claims in a second amended complaint following the dismissal of his amended complaint but instead chose to dismiss the lawsuit. The dismissal comes as similar Read More
Group Health Plans Must Affirm Compliance with Price Transparency Rule
January 17, 2024 | Leah Shepherd Employers that sponsor group health plans need to ensure they are in line with a new annual requirement to vouch that they are complying with a federal price transparency rule. The reporting requirement was part of the No Surprises Act, which passed in 2021 as part of the Consolidated Appropriations Act. It prohibits group health plans from entering into any agreement that prevents Read More










