Judge: Loper Bright Argument In ERISA Tobacco Surcharge Row Merits Consideration

(September 27, 2024, 11:29 AM EDT) -- COLUMBUS, Ohio — After supplemental briefing in an Employee Retirement Income Security Act case the U.S. Department of Labor filed over a tobacco surcharge wellness program (TSWP), an Ohio federal judge on Sept. 26 denied dismissal without prejudice, saying the defendants’ argument regarding the impact of Loper Bright Enterprises v. Raimondo “warrants full consideration.”...