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Important Benefits Rulings From The First Half Of 2023

"A Texas federal court ruled against Affordable Care Act preventive care coverage mandates, the Seventh Circuit revived a retirement plan mismanagement case brought by Northwestern University workers and the Tenth Circuit refused to force arbitration of an employee stock ownership plan lawsuit."

FTC Pharma Merger Digest May Offer Policy Clues

"The summary includes remarks by FTC Chair Lina Khan, questioning whether additional considerations beyond traditional horizontal overlap theories should be analyzed when evaluating deals in the pharmaceutical context -- including more closely examining remedies, potential innovation and prior bad acts by the parties to a deal.... The topics discussed broadly fell into several categories ... [1] concentration in the pharmaceutical industry, [2] remedies in pharmaceutical mergers, and [3] examination of prior bad acts in merger review. This article discusses and analyzes these topics."

Law Firm Sanctioned for Giving ERISA Lawsuit Documents to DOL

"A California federal judge has ordered [the plaintiffs' attorneys] to pay a $50,000 penalty for giving the [DOL] confidential documents United Behavioral Health turned over in a class action accusing the insurer of overcharging workers for out-of-network substance use disorder treatments.... The DOL is investigating UBH over similar allegations, according to the judge's ruling." [L.D. v. United Behavioral Health, No. 20-2254 (N.D. Calif. Oct. 7, 2025)]

District Court Rejects DOL's $440K ERISA Deal With CSX

"A Florida federal judge rejected a proposed $440,000 settlement between CSX Transportation Inc. and the U.S. [DOL] to end a lawsuit alleging the railroad operator unlawfully deducted fees from employee retirement funds, saying the deal contains an 'obey the law' provision that conflicts with Eleventh Circuit precedent." [Chavez-Deremer v. CSX Transportation Inc., No. 22-0849 (M.D. Fla. Sep. 19, 2025)]

Supreme Court Vacates and Remands Fourth Circuit Decision on Coverage of Gender-Affirming Care

"The U.S. Supreme Court ... struck down a Fourth Circuit decision that preserved access to gender-affirming care under two state-run health plans, telling the lower court to consider a recent decision by the justices that upheld a Tennessee law limiting treatments for young transgender people.... In the present combined appeal, North Carolina and West Virginia separately petitioned the Supreme Court in July 2024, after a Fourth Circuit panel affirmed lower courts' decisions that blocked laws imposing gender-affirming care bans in state-run health plans." [Kadel v. Folwell; Crouch v. Anderson, Nos. 22-1721, 22-1927 (4th Cir. Apr. 29, 2024; S. Ct. Nos. 24-90, 24-99 Jun. 30, 2025)]

District Court: Data Marketing Partnership Can't Make DOL Accept Health Plan

"According to Judge O'Connor, the Fifth Circuit told the trial court when it remanded the case in August 2022 to interpret how the terms 'working owner' and 'bona fide partners' applied to the plan. However, the companies and the DOL haven't provided enough information to determine if the particular working owners participating in the plan qualify as employees under [ERISA], as the parties previously told the court that discovery was unnecessary." [Data Marketing Partnership, LP v. DOL, No. 19-800 (N.D. Tex. Apr. 8, 2025)]

District Court Finds DuPont, Corteva Liable for Bad Benefits Info

"Chemical companies DuPont and Corteva Inc. violated federal benefits law when they cut hundreds of workers off from retirement benefits following a merger and subsequent spinoff, a Pennsylvania federal judge ruled." [Cockerill v. Corteva, No. 21-3966 (E.D. Penn. Dec. 18, 2024)]

Supreme Court Won't Review Massive Class Certification in Fringe Benefits Group Fight

"The U.S. Supreme Court refused Monday to hear a challenge to a 290,000-worker class in a suit alleging excessive health and retirement plan fees, despite an argument from benefits plan managers that the Fifth Circuit used the wrong standard to greenlight the massive suit.... The companies argued that circuits had diverged on what the proper test is for determining standing for class certification purposes in [ERISA] class actions involving benefit structures serving multiple employers." [Chavez v. Plan Benefit Servs., Inc., No. 22-50368 (5th Cir. July 15, 2024; cert. pet. denied Dec. 9, 2024)]

Ninth Circuit Says District Court 'Lost the Letter' in Longstanding ERISA Coverage Row

"A California federal court 'lost the letter' in remanded proceedings over allegations that United Behavioral Health improperly denied nearly 70,000 claims for mental health coverage, the Ninth Circuit has said ... According to the seven-page order issued on [September 4]  ...  the district court wrongly allowed for relitigation of a claim under [ERISA] addressed by a ruling from the appellate court last year." [United Behavioral Health v. U.S. District Court, N.D. Calif., No. 24-0242 (9th Cir. Sep. 4, 2024; unpub.)]

Tetra Tech Can Force Solo Arbitration in 401(k) Forfeiture Suit

"[The judge] rejected Yagy's assertion that she should be allowed to seek monetary relief for the entire plan, saying that nothing in ERISA establishes a plan participant's guaranteed right to bring a collective action. According to the court, Section 502(a)(2) allows a participant to sue a fiduciary for 'appropriate relief,' which doesn't necessarily include the ability to seek restitution for the whole plan." [Yagy v. Tetra Tech, Inc., No. 24-1394 (C.D. Calif. May 17, 2024)]