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  • Defective Earplug Lawsuits Piling Up
    May-25-19 Grand Rapids, MI: Military veterans nationwide are hopeful that they can bring to court an injury you cannot see and prove why they cannot hear too well. More than 600 military service members have filed defective earplug lawsuits against 3M, the manufacturer. Many branches of the military between 2003 and 2015 used Combat Arms Earplugs, and the lawsui...
  • President (of Yale) Can’t Dodge Deposition
    May-9-19 New Haven, CT Peter Salovey, the president of Yale University, must submit to a deposition in a long-running class action ERISA lawsuit . Vellali v. Yale University claims that the university, as a fiduciary of the Yale University Retirement Account Plan (the “Plan”), mismanaged Plan assets and investment options in a way that harmed wor...
  • Sickening Stock Drop Prompts Boeing 737 ERISA Lawsuit
    Apr-19-19 Chicago, IL On March 31, participants in the Boeing Voluntary Investment Plan (VIP Plan) filed a class action ERISA lawsuit in the Northern District of Illinois. The lawsuit alleges that Boeing knew about problems with its 737 MAX series of airplanes and hid the bad news, all while encouraging plan participants to invest in company stock though the...
  • Multidistrict Surgical Mesh Lawsuit Awards and Settlements Approach $11 Billion
    Mar-13-19 Charleston, WV As the nation’s largest mass tort product liability lawsuit winds to a close, those who have suffered from surgical mesh complications and their attorneys are pausing to take stock. Not everyone is happy. The majority of cases filed in the seven multidistrict litigations (MDLs) consolidated in the Southern District of West Virgini...
  • Stadium Concessionaire Settles California Wage Lawsuit for $5.4 Million
    Mar-4-19 San Jose, CA Centerplate of Delaware Inc. , a multinational food and beverage company, has offered to pay $5.4 million to resolve stadium workers’ claims that the company failed to pay wages required under various provisions of California labor law . Raquedan v. Centerplate accuses the company of failing to provide meal breaks and sick days; a...
  • Imerys Talc Claims Bankruptcy, J&J Ovarian Cancer Claims Continue
    Feb-18-19 Three Forks, MT: Facing about 14,000 asbestos-talc cases claiming that talc causes ovarian cancer and mesothelioma, Imerys Talc America has filed for Chapter 11 bankruptcy protection. Court records indicate that defending a single case can cost Imerys $4 million and some juries have awarded damages up to $2.75 million against the company. Imerys is the...
  • Underground Economy Keeping California’s Field Enforcers Busy
    Jan-30-19 San Diego, CA: The Labor Commissioner’s Office is cracking down on California’s underground economy. Daniel Yu, Assistant Chief with the Bureau of Field Enforcement is charged with making sure employers comply with California labor laws , and that every worker, including illegals, is entitled to full protection. The “underground economy” refers...
  • Employee 401(k) Lawsuit Claims GE Inflated Stock Value
    Jan-15-19 Albany, NY On December 14, 2018, Adele Vargas filed a class action ERISA lawsuit against General Electric Company (“GE”) and Jeffrey Immelt, its former CEO. She alleges that GE improperly manipulated its earnings and inflated its stock price. As a retirement plan sponsor, it failed in its fiduciary duty to GE employees who invested in the comp...
  • Unum Disability Insurance Claimant Wins Reinstatement of LTD Benefits
    Jan-8-19 Santa Ana, CA On November 20, 2018, the U.S. District Court for the Central District of California handed Pamela Fleming a resounding victory in her Unum disability insurance lawsuit. Unum had been paying her LTD benefits since 2005, after a serious and well-documented neck injury sustained in a car accident. A change in her treating physician and a br...
  • Hewlett-Packard Enterprises Named in Gender Pay Discrimination Lawsuit
    Jan-7-19 Santa Clara, CA In late 2018, R. Ross and C. Rogus filed a class action California unpaid wages lawsuit against Hewlett-Packard Enterprise (HPE) that describes a pattern of gender-based pay discrimination. It’s hardly news, you think, that tech giants underpay women. But what may be most important about the lawsuit is the pervasiveness and typicali...
  • Jury Awards $25.6 Million in Bad Faith Insurance Lawsuit
    Dec-17-18 Oklahoma City, OK In November 2018, a jury awarded nearly $25.6 million to the family of a Oranna Cunningham, a woman who was diagnosed with advanced nasopharyngeal cancer. Her insurer, Aetna, refused to cover the cost of the proton beam therapy recommended by her physician, claiming that it was “experimental or investigational.” After her dea...
  • “Face of Channel 4 News” Fired -- Too Old to be Female on TV
    Dec-13-18 Nashville, TN News anchor Demetria Kalodimos, who had repeatedly been named the Best Local Reporter and Best Local TV News Personality by the readers of the Nashville Scene, was abruptly fired by WSMV, Channel 4 on December 4, 2017. On November 27, 2018, she filed an employment lawsuit in the Middle District of Tennessee, alleging violations of the f...
  • SEI Investments Company Accused of Self-Dealing in 401(k) Mismanagement Lawsuit
    Dec-12-18 Philadelphia, PA On September 28, 2018, Gordon Stevens filed a class action ERISA lawsuit claiming that his employer, SEI Investments Company, forced him and other SEI 401(k) plan participants into retirement investments that made money for the company, regardless of the employees’ own best interests. These investment manager self-dealing law...
  • Excessive Overdraft Fees Lawsuit against DFCU Survives Motion to Dismiss
    Nov-23-18 Boston, MA Brandi Salls’ excessive overdraft fees lawsuit against Digital Federal Credit Union (DFCU) has survived the credit union’s Motion to Dismiss. This is good news, but it was a near thing , at least with respect to some of the counts. Claimants in similar credit union lawsuits should take away five important lessons. Excessive Overdra...
  • Hacks, Embezzlements, and 401(k) Mismanagement – What You Can Do to Protect Your Retirement Nest Egg
    Nov-17-18 Washington, DC When asked why he robbed banks, Willie Sutton reportedly replied, “Because that’s where the money is.” Now, however, roughly $5 trillion, or a fifth of all U.S. retirement assets, sit in 401(k) accounts . Today’s Willie Suttons are there, too, as recent ERISA lawsuits and criminal prosecutions confirm. Don&rsqu...
  • Fidelity Faces Self-Dealing Lawsuit over 401(k) Plan Mismanagement
    Oct-18-18 Boston, MA On October 10, 2018, participants in the Fidelity Retirement Savings Plan filed a class action ERISA pension plan lawsuit against the Plan’s fiduciaries. The Complaint alleges that the Plan fiduciaries breached their duties under ERISA, thus harming the Plan and its participants and beneficiaries. This is another in a recent spate of...
  • 401(k) Lawsuit Continues against Franklin Templeton
    Oct-15-18 San Francisco, CA An ERISA pension plan lawsuit has survived numerous procedural challenges and will proceed as a class action against investment manager Franklin Templeton. Fernandez v. Franklin Resources Inc. claims that the fiduciaries in charge of managing the Franklin Templeton 401(k) Plan breached their duty to plan participants by causing...
  • Los Angeles Sweatshops Cited for Wage and Hour Violations
    Oct-14-18 Los Angeles, CA In early September 2018, the California Labor Commissioner’s Office fined six garment contractors a total of $573,704 for labor law violations after uncovering a scheme where the contractors operated illegally under one license to avoid complying with California wage and hour laws. But what happens to the workers? Garment workers mak...
  • Digital Federal Credit Union Snared in Excessive Overdraft Fees Lawsuit
    Oct-3-18 Boston, MA The allegations in the latest excessive overdraft fees lawsuit against Digital Federal Credit Union (DFCU) may seem familiar by now. It is about two different ways of calculating an account balance – one which the consumer saw, and the other, lower number, which DFCU kept much closer to the vest. Similar lawsuits have been filed against L...
  • Landmark Credit Union Settles Overdraft Fees Lawsuit
    Aug-15-18 New Berlin, WI: Danell Behrens filed a proposed class action overdraft fees lawsuit in February 2017 against Landmark Credit Union (LCU), alleging the not-for-profit financial institution charged its members more than $2 million in overdraft fees, in violation of the Electronic Fund Transfer Act (ETFA) and LCU’s own overdraft program contract. LCU has...
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