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Results:1-10 of 42

Retiree Health Benefits Case Remanded to District Court for Additional Fact Finding
  • Proskauer Rose LLP
  • USA
  • February 3 2016

On remand from the Supreme Court, the Sixth Circuit sent the parties in Tackett v. M&G Polymers USA, LLC back to the district court for additional


NLRB to healthcare employers facing a strike: you can ask, but employees don't have to tell
  • Proskauer Rose LLP
  • USA
  • July 6 2011

In a 2-1 decision issued on June 30, 2011, the NLRB clarified the interplay of the statutory notice requirements of NLRA Section 8(g) with a health care employer’s right to poll individual employees’ intention to report to work during a strike and the employer's right to enforce neutral work rules requiring patient care employees to provide advance notice of absence. In Special Touch Home Care Services, Inc, 357 NLRB No 2 (2011).pdf, the Board.


Second Circuit holds that there is no individual liability for ADA retaliation claims
  • Proskauer Rose LLP
  • USA
  • May 26 2010

Resolving an issue of first impression for the circuit, the United States Court of Appeals for the Second Circuit recently held that there is no individual liability for retaliation claims brought under the Americans with Disabilities Act ("ADA").


Rulings, filings and settlements of interest
  • Proskauer Rose LLP
  • USA
  • February 3 2010

In Pollitt v. Health Care Serv. Corp., 558 F.3d 615 (7th Cir. Mar. 10, 2009), cert. granted (Oct. 13, 2009), the Seventh Circuit vacated and remanded the district court’s finding that the Federal Employees Health Benefits Act (“FEHBA”) preempted a participant’s claim that Health Cares Services Corporation (“HCSC”) acted in bad faith by terminating her son’s coverage and seeking reimbursement of benefits previously provided.


U.S. Supreme Court to consider “prevailing party” status as a requirement to entitlement to attorney’s fee award under ERISA
  • Proskauer Rose LLP
  • USA
  • February 3 2010

On January 15, 2010, the U.S. Supreme Court granted certiorari in Hardt v. Reliance Standard Life Ins. Co., No. 09-448, and agreed to consider the question of whether a party in an ERISA action must be a “prevailing party” to be entitled to an award of attorney’s fees and costs under Section 502(g)(1), 29 U.S.C. 1132(g)(1).


Russell L. Hirschhorn
  • Proskauer Rose LLP

Daniel Werb
  • Proskauer Rose LLP

Tony Oncidi
  • Proskauer Rose LLP

Amy Covert
  • Proskauer Rose LLP

Brendon Tavelli
  • Proskauer Rose LLP