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More case law regarding documentation required to revise or terminate negotiated retiree healthcare benefits

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • September 21 2009

The Sixth Circuit has decided two new cases regarding ERISA lifetime retiree healthcare benefits under a collective bargaining agreement, continuing to put a thumb on the scale in favor of vested benefits, but recognizing that an employer may have the right to make "reasonable modifications" to those benefits

ERISA preemption is complicated except when it isn’t

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • February 10 2014

In light of Health Care Reform, we anticipate ERISA preemption cases to start popping up more frequently. Two recent decisions demonstrate that ERISA

Maintaining perspective is important in evaluating employee social media posts

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • September 16 2010

Late last month, we reported on some employment terminations in the health care industry that were prompted by some ill-advised Facebook postings

Will GINA impact Ohio employers' ability to conduct medical investigations in workers' compensation claims?

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • November 11 2010

In the day-to-day administration of their Ohio workers' compensation programs, self-insured employers (or a TPA or law firm on their behalf) often will obtain a medical authorization from the injured worker and then obtain medical records as part of the employers' medical investigation

Sixth Circuit decision in Jakubowski highlights importance of interactive process in reasonable accommodation efforts

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • December 9 2010

Yesterday, the Sixth Circuit announced its decision in Jakubowski v. The Christ Hospital, Inc. which very well demonstrates the attention that employers need to pay to the interactive process when an employee approaches it for a reasonable accommodation for a disability

French doctor charged in criminal and civil insider trading cases

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • November 3 2010

The criminalization of securities enforcement has increased in recent years

Supreme Court declines to hear case involving the exempt status of pharmaceutical sales representatives

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • March 8 2011

Just weeks after the Ninth Circuit created a circuit split by ruling that pharmaceutical sales representatives are exempt under the Fair Labor Standards Act's outside sales exemption (see our earlier post on that decision), the Supreme Court has declined to hear Novartis Pharmaceutical Corp

Sixth Circuit declares health reform law individual mandate constitutional

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • July 25 2011

The Sixth Circuit U.S. Court of Appeals in Cincinnati recently considered an appeal challenging the constitutionality of the Patient Protection and Affordable Care Act (“PPACA”), the federal health care reform law passed in 2010

SEC brings fraud case against biopharmaceutical company, three other companies and four executives for misleading investors about sole product and insider trading

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • August 2 2011

On Monday, August 1, 2011, the SEC filed suit against eight defendants for making false statements in public filings regarding the status of the human clinical trials for the drug SF-1019 by Argyll Biotechnologies LLC

11th Circuit Court of Appeals rules individual mandate unconstitutional, but rest of health reform law is severable from mandate

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • August 16 2011

The U.S. Court of Appeals for the Eleventh Circuit in Atlanta on Friday ruled, in the 26-state challenge to the Patient Protection and Affordable Care Act (PPACA) in Florida v, U.S. Dept. of Health and Human Services, that the health care reform law’s requirement that nearly all Americans have health insurance is unconstitutional. This