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On May 19, 2025, the U.S. Department of Justice (“DOJ”) issued a memorandum and accompanying press release announcing its “Civil Rights Fraud Initiative,” designed to vigorously enforce the federal False Claims Act (“FCA”) “against those who defraud the United States by taking its money while...

This month’s Friday Five explores decisions from around the country discussing the concept of reasonableness in various forms. One court rejected the parties’ proffered definitions of the term “working” and instead determined that a dictionary definition was reasonable. Two cases reflect courts...

Harvard University has filed a lawsuit challenging the Trump Administration’s decision to freeze more than $2 billion in federal grants and contracts benefitting Harvard. The funding freeze came after Harvard refused a list of demands aimed at eliminating diversity, equity, and inclusion (DEI)...

Saul Ewing LLP is pleased to announce that Amy Kline and Caitlin Strauss have been honored in the 2025 JD Supra Readers' Choice Awards for their exemplary authorship of The Friday Five. This prestigious award recognizes the top authors and firms for exceptional thought leadership over the past year...

This month’s Friday Five addresses cases covering ERISA preemption, the viability of a claim for benefits where the claimant alleges to have not received notice of a prior claim denial, an affirmance by the Circuit Court of a denial of benefits, and District Court reviews of decisions denying...

(Printable Version) INTRODUCTION On February 14, 2025, the Acting Assistant Secretary for Civil Rights (the “Assistant Secretary”) at the United States Department of Education (the “Department”) circulated a Dear Colleague Letter (the “DCL”) regarding “Title VI of the Civil Rights Act in light of...

This month’s Friday Five covers an appellate ruling on a complicated case raising both state and federal claims, an instance of procedural improprieties in the administrative review process informing the court’s substantive benefits decision, an equitable ERISA claim for an administrator’s payment...

(Printable Version) OVERVIEW AND INTRODUCTION On January 21, 2025, President Donald Trump signed an Executive Order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”, EO 14173. [1 ] EO 14173 explicitly and implicitly has ramifications for institutions of higher...

This month’s Friday Five explores recent decisions including the standard of review for ERISA benefit denials, whether structural conflict entitles a claimant to conflict-of-interest discovery, whether a “relative value units” analysis warrants equitable tolling, whether the administrative record...

President Biden has signed the Stop Campus Hazing Act (the “Act”) into law. The Act, the first federal anti-hazing law, is the result of a bi-partisan effort and comes after several years of patchwork efforts to address hazing at colleges and universities at the state level, which resulted in the...

On November 19th, after over three (3) years of litigation, a jury in Williamsport, Pennsylvania finally found Vintage Brand, LLC (“Vintage”) and two other defendants liable for trademark infringement for selling counterfeit merchandise bearing the marks of The Pennsylvania State University (“Penn...

This month’s Friday Five explores recent decisions including the impact of a COVID furlough on eligibility for LTD benefits, what constitutes a breach of an employer’s fiduciary duty, what defines total proof of disability or is viewed as a severe procedural violation, and the appropriate weight...

Change in Washington, D.C. looms in light of the results of the recent presidential election. Institutions of higher education are asking what they can expect in the short term from the exiting Biden administration, and how policy and regulatory changes brought in by the incoming Trump...

On November 7, 2024, the United States Court of Appeals for the Eleventh Circuit found, in the case of Joseph v. Board of Regents of the University System of Georgia, that Title IX does not provide an implied right of action for sex discrimination in employment. In addition to the obvious...

This month’s Friday Five discusses cases involving ERISA preemption, the methodology for calculating qualified joint and survivor annuity benefits, a dispute over an attempt to supplement the record before the Court, a factual dispute precluding summary judgment on a bad faith claim, and the payroll...

With fall sports in full swing, it may be easy to miss the fact that the NCAA has also been busy competing in the courtroom. On the same day that a federal judge in California preliminarily approved a $2.78 billion settlement permitting college athletes to apply for payment for their on-field...

This month’s Friday Five covers cases relating to Long-COVID, a class action RICO suit, the physical illness exclusion to accidental death and dismemberment claims, consideration due to an Administrative Law Judge’s disability determination, and self-reported claims of fatigue. The Saul Ewing ERISA...

This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the admissibility of expert and lay testimony from a physician in a trial over LTD...

This month’s Friday Five explores decisions from around the country discussing differences between the scope of discovery and ability to add documents to the record on a claim for review challenging the denial of LTD benefits, LTD and LWOP policies, the breadth of discretion available to claims...

Pennsylvania recently enacted two new insurance laws that significantly expand the permissible kinds of value-added products and services that may be provided by insurance licensees in general and the fees that may be charged by surplus lines licensees to an insured in a personal lines policy...

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