Company
Lowe's
85 published works
Zalma on Insurance
Failure to Clarify Who’s on First Fraud Action Stalled
By Barry Zalma
Fraud Suits Require Actual Clear Allegations Against Each Defendant Post 4857 Particularity for Fraud-Based Allegations Is Required In Franklin Construction Group, LLC v. Dean Bingham, Lundon Johnson, et al, No.…
Roberts Disability Law Blog
Eleventh Circuit Affirms Termination of Long-Term Disability Benefits Where Plan Vested Discretion and Insurer Relied on Multiple Medical and Vocational Reviews
In Dunn v. Life Insurance Company of North America, No. 25-12108, 2026 WL 2529506 (11th Cir. Aug. 27, 2026), the Eleventh Circuit affirmed the district court’s grant of judgment on…
Roberts Disability Law Blog
N.D. Cal. Enforces North Carolina Choice of Law Provision, Holds California Insurance Code § 10110.6 Does Not Void Discretionary Review
In Farris v. Life Insurance Company of North America, No. 25-cv-04164-RS, 2026 WL 1270071 (N.D. Cal. May 8, 2026), Chief Judge Richard Seeborg granted Defendant Life Insurance Company of North…
Proskauer on Privacy
Privacy Class Action Spotlight: Surge of Privacy Class Actions in Arizona Targeting Email Pixel Tracking
By Leslie Shanklin, Jeffrey Warshafsky, Aaron Francis, Anna W. Chan
There has been a recent surge of privacy class action lawsuits under the Arizona Telephone, Utility, and Communication Service Records Act targeting the use of common email marketing analytics technologies.…
Virginia Rocket Docket Blog
EDVA Judge Invalidates Arbitration Clause in Online Terms and Conditions
In a recent decision, EDVA Judge Rossie Alston invalidated the arbitration clause in the terms and conditions for online sales through the Lowe's Home Centers website on the grounds that…
Labor & Employment Law Blog
Ninth Circuit Applies Adolph, Vacating Lower Court’s Dismissal of Employee’s Nonindividual PAGA Claims
On February 12, 2024, the Ninth Circuit in Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) vacated a district court’s dismissal of a former employee’s nonindividual…
Vedder Works
Trying to Reconcile the Tension between the Federal Arbitration Act and Adolph
In Johnson v. Lowe’s Home Centers, LLC, the Ninth Circuit sided with the California Supreme Court’s ruling in Adolph v. Uber Techs. Inc., 14 Cal. 5th 1104 (2023), and held…
Your ERISA Watch
Fourth Circuit Holds Aon Met Its Fiduciary Duties in Selecting Its Own Funds for 401(k) Plan
By Elizabeth Hopkins, Peter Sessions
Reetz v. Aon Hewitt Inv. Consulting, Inc., No. 21-2267, __ F. 4th __, 2023 WL 4552593 (4th Cir. Jul. 17, 2023) (Before Circuit Judges King, Richardson, and Keenan) The October…
ERISA Litigation Advisor
Fourth Circuit Affirms Aon’s Trial Victory in Investment Suit
By Stacey C.S. Cerrone, Lindsey H. Chopin
The Fourth Circuit affirmed Aon Hewitt Investment Consulting’s trial victory in a 250,000-member class action suit alleging that Aon breached ERISA’s fiduciary duties. Aon was initially the Lowe’s 401(k) plan’s…
Roberts Disability Law Blog
Fourth Circuit Affirms Aon Hewitt Did Not Breach ERISA Fiduciary Duties in Cross-Selling Services and Managing Lowe’s 401(k) Plan
In Reetz v. Aon Hewitt Inv. Consulting, Inc., No. 21-2267, __F.4th__, 2023 WL 4552593 (4th Cir. July 17, 2023), a class action, Plaintiff-Appellant Benjamin Reetz appealed the district court’s judgment…