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Dec 10, 2024 | 
today.westlaw.com | Ryan Tucker |Rene Thorne |René E. Thorne
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Dec 4, 2024 | 
mondaq.com | Ryan Tucker |Rene Thorne |René E. Thorne
Although the Department of the Treasury, Department of Labor,
and Department of Health and Human Services believe that wellness
programs are delivering on their promise of improving health and
reducing costs, one type has recently become the ire of the
plaintiffs' bar: the tobacco surcharge. To date, plaintiffs
have filed nearly 30 suits against plan sponsors alleging that
their health plans violate ERISA Section 702 (29 U.S.C. §
1182), which prohibits discrimination based on health status.
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Dec 4, 2024 | 
jdsupra.com | Rene Thorne |René E. Thorne |Ryan Tucker
Although the Department of the Treasury, Department of Labor, and Department of Health and Human Services believe that wellness programs are delivering on their promise of improving health and reducing costs, one type has recently become the ire of the plaintiffs’ bar: the tobacco surcharge. To date, plaintiffs have filed nearly 30 suits against plan sponsors alleging that their health plans violate ERISA Section 702 (29 U.S.C. § 1182), which prohibits discrimination based on health status.
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Oct 10, 2024 | 
jacksonlewis.com | Neil H. Dishman |Maurice Jenkins |Rene Thorne |René E. Thorne |Howard Shapiro
NEW YORK, NY (October 10, 2024) Nationwide employment law firm Jackson Lewis P.C.is pleased to announce Principals Neil H. Dishman, Maurice G. Jenkins, Howard Shapiro, René E. Thorne and Richard F. Vitarellihave been included in Lawdragon’s 2025 “500 Leading U.S. Corporate Employment Lawyers” list. The guide recognizes employment attorneys from across the nation whose dedication to providing exceptional legal counsel is fundamental to the continued success of their clients.
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Jul 15, 2024 | 
today.westlaw.com | Rene Thorne |René E. Thorne
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Jul 10, 2024 | 
jdsupra.com | Rene Thorne |René E. Thorne
Recently, the Second Circuit became the latest circuit refusing to enforce individual arbitration of an ERISA class action, joining the Third, Seventh, and Tenth Circuits. The Ninth Circuit, by contrast, has held that class action ERISA claims brought on behalf of plans are subject to individual arbitration, with relief limited to the individual plaintiff’s claims. In Cedeno v. Sassson, 100 F.4th 386 (2d Cir.
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Jul 9, 2024 | 
natlawreview.com | Rene Thorne |René E. Thorne |Frank Davis |John Surma |J. Powell Carman
Recently, the Second Circuit became the latest circuit refusing to enforce individual arbitration of an ERISA class action, joining the Third, Seventh, and Tenth Circuits. The Ninth Circuit, by contrast, has held that class action ERISA claims brought on behalf of plans are subject to individual arbitration, with relief limited to the individual plaintiff’s claims. In Cedeno v. Sassson, 100 F.4th 386 (2d Cir.
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Jul 9, 2024 | 
natlawreview.com | Rene Thorne |René E. Thorne |Frank Davis |John Surma |J. Powell Carman
Skip to main content July 09, 2024 Volume XIV, Number 191 Legal Analysis. Expertly Written. Quickly Found.
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Jun 24, 2024 | 
mondaq.com | Rene Thorne |René E. Thorne
The U.S. Supreme Court recently declined to hear Rose v. PSA
Airlines, Inc., Case No. 23-734, which raised the question of
whether a remedy known as "surcharge" falls under
ERISA's equitable remedies provision. Surcharge, in simple
terms, resembles monetary damages. Historically, courts used it to
address losses resulting from a trustee's breach of duty or to
prevent unjust enrichment.
Plaintiff Rose brought the action back in December 2019 on
behalf of her deceased son's estate.
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Jun 7, 2024 | 
jdsupra.com | Rene Thorne |René E. Thorne
The U.S. Supreme Court recently declined to hear Rose v. PSA Airlines, Inc., Case No. 23-734, which raised the question of whether a remedy known as “surcharge” falls under ERISA’s equitable remedies provision. Surcharge, in simple terms, resembles monetary damages. Historically, courts used it to address losses resulting from a trustee’s breach of duty or to prevent unjust enrichment. Plaintiff Rose brought the action back in December 2019 on behalf of her deceased son’s estate.
