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3rd Circuit: Some ERISA Cases May Need More Scrutiny
Insurers regularly use video surveillance in disability cases to ferret out bogus claims, but the 3rd Circuit has now ruled that when the surveillance is continued even after it has garnered no evidence of fraud, the insurer's ultimate decision to cut off benefits may be subject to "heightened scrutiny." The ruling significantly expands the 3rd Circuit's seminal 2000 Pinto decision, which adopted the "sliding-scale" approach in cases where the ERISA fiduciary suffers from a conflict of interest.Latest Merger Has Midsize D.C. Firms Pondering the Altar
It began, perhaps appropriately enough, at Arabelle, a romantic Manhattan restaurant best known for its role as a Sex and the City set.No Private Remedy for Damages in Pa. Antitrust Law
No private remedy for damages exists in Pennsylvania for antitrust violations, a Philadelphia Common Pleas Court judge ruled, dismissing several claims surrounding alleged vitamin price-fixing in a class action complaint. An attorney for the defendant said this is the first Pennsylvania opinion finding that there is no private cause of action for monetary recovery for an alleged antitrust violation.3rd Circuit Finds Retirement Packages for Tenured Professors Are Taxable
Ruling on an important tax question that has split the federal circuits, the 3rd U.S. Circuit Court of Appeals has ruled that the University of Pittsburgh's early retirement payments to its formerly tenured professors are taxable wages under the Federal Insurance Contribution Act (FICA). But 3rd Circuit Chief Judge Anthony J. Scirica dissented, saying he would have upheld a lower court's ruling that awarded a refund of more than $2 million to the university.Nixon Peabody Gets Trio of Franchise Attorneys
Arthur Pressman, one of the nation's best-known franchise litigators, who counts McDonald's, Dunkin' Donuts and 7-Eleven as clients, is leaving Pittsburgh-based Buchanan Ingersoll along with fellow partners Craig R. Tractenberg and Washington, D.C.-based Andrew P. Loewinger to join 600-attorney Nixon Peabody.
Plaintiffs Lawyers Hit on New Pharma Angle: State Clients
Hersh & Hersh, which has represented hundreds of Zyprexa users in suits against Eli Lilly, is one of the plaintiffs firms now taking on bigger clients against the pharmaceutical giant: states seeking money for footing the public health costs from the anti-psychotic drug. So far, seven states have filed Medicaid recovery suits against Eli Lilly over the way it promoted Zyprexa. Thanks to the drug's commercial success, any fine or cost recovery in state-government litigation could be sizable, attorneys say.Trending Stories
- 1In-House Lawyers Are Focused on Employment and Cybersecurity Disputes, But Looking Out for Conflict Over AI
- 2A Simple 'Trial Lawyer' Goes to the Supreme Court
- 3Clifford Chance Adds Skadden Rainmaker in London
- 4Latham, Kirkland and Paul Weiss Climb UK M&A Rankings
- 5Goodwin Hires Quinn Emanuel Partner to Launch Office in Brussels
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