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Second Hernia Mesh Bellwether Trial Underway

Second Hernia Mesh Bellwether Trial Underway

October 19, 2021. By Jane Mundy.
Dayton, OH While the first Bard hernia mesh bellwether trial is described by legal experts as a “crushing blow” to plaintiffs, others opine that it will likely have minimal impact on the overall outcome of the hernia mesh litigation. Round two is now underway.

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Delta Airlines asks Supreme Court to review California Wage Protections for Airline Workers

Delta Airlines asks Supreme Court to review California Wage Protections for Airline Workers

October 18, 2021. By Anne Wallace.
Washington, DC On September 9, Delta Airlines, Inc. asked the U.S. Supreme Court to review decisions by the Ninth Circuit and preceding lower courts in Oman v. Delta Airlines, Inc. The Oman decisions recognize the generous protections of the California Labor Code for airline employees based in California.

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Lengthy Recall Results in CPAP Sleep Machine Class Action

Lengthy CPAP Sleep Machine Recall —More “Fraud, Waste and Abuse” Like COVID-19 Ventilators”?

October 15, 2021. By Jane Mundy.
Newark, NJ A proposed class action filed in a New Jersey federal court accuses Dutch manufacturer Royal Philips of knowing for months that its CPAP sleep machines posed a serious health hazard but “unreasonably delayed” the recall. Philips also faces a securities class action lawsuit—and remember the COVID-19 ventilator debacle? That too was Philips.

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Former Nursing School Employees fired for Retaliation or Competition?

Former Nursing School Employees fired for Retaliation or Competition?

October 12, 2021. By Jane Mundy.
Los Angeles, CA Two former nursing school professors whose California wrongful dismissal lawsuit claims they were fired in retaliation for helping students alleging sexual harassment asked for $55 million and settled for $1.4 million. Pastor Gregory Johnson (accused of sexually inappropriate behavior) and the American University of Health Sciences denied the allegations and claimed the profs were fired after failing to cooperate with the nursing school’s investigation into their plans to start a competing school.

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A Loss and a Win (Sort of) for GrubHub Drivers

A Loss and a Win (Sort of) for GrubHub Drivers

October 10, 2021. By Anne Wallace.
San Francisco, CA On September 20, the Ninth Circuit partially dismissed, partially upheld and remanded back to the District Court a GrubHub driver’s claim that he was owed back wages and other remedies under the California Labor Code and related wage orders. Raef Lawson v. Grubhub is a complicated decision, but there is some positive news for gig workers who allege that they were misclassified as independent contractors.

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Smokers Claim They Were Overcharged for Health Insurance Premiums

Smokers Claim They Were Overcharged for Health Insurance Premiums

October 8, 2021. By Anne Wallace.
Kansas City, MO On September 24 in Lipari-Williams v. Missouri Gaming Co., the District Court for the Western District of Missouri put off a decision about whether to grant class action certification to a group of casino workers who allege that they were overcharged for their health coverage based on their tobacco use. Their wage and benefit plan lawsuit alleges that the premium surcharge assessed under Argosy Riverside Casino’s insurance plan did not meet the requirements of the Affordable Care Act (ACA). The court granted certification to workers who brought wage claims under the Fair Labor Standards Act and Missouri state law but held off on the ERISA claims.


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Will Pot Company Cresco Lawsuit Go Up in Smoke?

Will Pot Company Cresco Lawsuit Go Up in Smoke?

October 5, 2021. By Jane Mundy.
Santa Clara, CA Cresco Labs, the cannabis and medical marijuana company, has been slammed with a lawsuit filed under California's Private Attorneys General Act, alleging it didn’t pay workers for time spent “donning and doffing” – putting on and taking off—personal protective equipment required by the multi-state pot company. Every minute counts with the California Labor Code, but can workers be protected from a federally illegal business?

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