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Texas Supreme Court Disputes Reach of Obergefell in Employee Benefits Case

USA - July 7 2017 The Texas Supreme Court held that the U.S. Supreme Court’s landmark marriage equality decision, Obergefell v. Hodges, did not dispositively address...

Michael W. Stevens.

Seventh Circuit Affirms Likelihood of Success that School’s Bathroom Policy Violates Title IX and Equal Protection Clause

USA - June 8 2017 In Whitaker v. Kenosha Unified School District No. 1 Board of Education, a transgender male high school student alleged that his school district...

Mary Kay Klimesh, Abigail Cahak.

Eighth Circuit grants slight reprieve to mother of transgender son in ACA discrimination suit

USA - May 31 2017 The Eighth Circuit upheld dismissal of Title VII claims challenging an employee benefit plan’s blanket transgender exclusion because the exclusion...

Christopher Busey.

Grounding Deferential Review in California - No Preemption for Discretionary Clause Ban

USA - May 15 2017 In a decision with wide ranging implications, the Ninth Circuit has ruled that a discretionary clause in an employer drafted plan document is subject...

Jules A. Levenson.

Eighth Circuit Jimmies The Lid On Pandora’s Box

USA - May 10 2017 In an opinion that may result in increasingly complex ERISA benefits litigation, the Eighth Circuit has allowed a breach of fiduciary duty claim...

James C. Goodfellow, Jr..