
The U.S. Supreme Court recently heard arguments in a withdrawal liability case involving the Employee Retirement Income Security Act (ERISA). Furthermore, two more petitions about ERISA matters are pending before the high court.
U.S. Supreme Court Hears Arguments in Withdrawal Liability Case
The U.S. Supreme Court recently heard arguments in an ERISA case with limited scope but high significance. The
Employee Benefits
The Risks of Level-Funded Health Plans

Level-funded health plans are rising in popularity. Employers are gravitating toward the plans based on promises of consistent monthly payments, possible refunds, and fewer administrative responsibilities. Insurance companies market the plans as similar to self-funded plans in terms of cost efficiency, while guaranteeing fully insured premiums. However, the reality is that level-funded health plans pose risks to employers that they…
Texas Federal Judge Blocks Biden-Era EEOC and HHS Rules Against Christian Groups

A Texas federal judge has finalized a permanent injunction preventing the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Health and Human Services (HHS) from enforcing Biden-era rules against two religious groups. The Dr. James Dobson Family Institute and United in Purpose, two Christian organizations, previously successfully sued the agencies. Those groups claim that the federal agency…
IRS Issues Notice to Assist in Calculating the Qualifying Payment Amount for 2026

The Internal Revenue Service (IRS) has issued a notice providing the indexing factors that group health plans and health insurance issuers must use to calculate the qualifying payment amount (QPA) under the No Surprises Act (NSA). These factors apply to all items or services provided from January 1, 2026, through December 31, 2026, for purposes of sections 9816 and 9817…
Employee Claims Discrimination After Netflix Termination Based on Vaccination Status

A former Netflix production executive has filed suit against the media company, claiming that her termination was retaliation for complaining about religious and sex discrimination rather than her refusal to get a COVID-19 vaccine. Shelley Stevens claims in her California state court lawsuit that Netflix violated state workplace gender bias, retaliation, and harassment laws by mocking the religious beliefs of…
Oregon Sues Drug Companies and PBMs Over High Insulin Prices

The state of Oregon has filed a $900 million lawsuit against American insulin manufacturers and pharmacy benefit managers (PBMs). According to the lawsuit, drug manufacturers and PBMs colluded in violation of the state’s Unlawful Trade Practices Act to artificially inflate the prices of insulin and other life-saving diabetes medications, harming Oregon diabetics and their families. The lawsuit targets Novo Nordisk,…
Trans Eligibility, Federal Funding in Sports

Attorneys across the nation are watching for the outcome of a Title IX claim against the National Collegiate Athletic Association (NCAA) filed by cisgender college swimmer and activist Riley Gaines over transgender athlete participation. The case is Riley Gaines et al. v. NCAA et al., Case Number 1:24-cv-01109, U.S. District Court for the Northern District of Georgia.
In September,…
Despite Pressure from the White House, Drugmakers Increase U.S. Prices on 350 Prescription Drugs

Drug manufacturers have announced 2026 price hikes for at least 350 brand-name prescription drugs. While the number of drug price increases rose from 250 in 2025, the average price increase is about 4%, similar to the 2025 increases. The affected drugs include vaccines for COVID, RSV, and shingles, as well as the cancer drug Ibrance.
At the same time, drug…
Eighth Circuit Finds Standing for School Employees Challenging Mandatory DEI Training in First Amendment Suit

The U.S. Court of Appeals for the Eighth Circuit issued a split decision, reversing a lower federal court’s finding that two school employees lacked standing to bring a First Amendment claim against the school district. Henderson v. Springfield R-12 School District concerns a school district requiring its staff to attend an equity training program. In its reversal, the appellate court…
Indiana Sues Eli Lilly Over Skyrocketing Insulin Prices

The state of Indiana has filed suit against Indiana-based drug manufacturer Eli Lilly and Co. for conspiring with other manufacturers and pharmacy benefit managers (PBMs) to artificially inflate insulin prices by more than 1,000% over the past ten years. The lawsuit, along with a similar suit filed against other insulin manufacturers and PBMs, comes after Indiana State Attorney General Todd…