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In Utah Nonpatients Can Sue for Medical Malpractice (Sometimes)

In Utah Nonpatients Can Sue for Medical Malpractice (Sometimes)

February 7, 2023. By Anne Wallace.
Salt Lake City, UT In 2016, the Utah legislature amended existing medical malpractice law to permit people who are not patients to sue a medical practitioner for medical negligence – but only in some circumstances. The amended law appears to codify the Utah Supreme Court’s 2012 decision in B.R. v. West, a particularly gruesome murder case. Read More
Camp Lejeune Water Contamination Lawsuits Rising

Camp Lejeune Water Contamination Lawsuits Rising

February 3, 2023. By Jane Mundy.
Camp Lejeune, NC Since the Camp Lejeune Justice Act of 2022 came into effect, the floodgates have opened for veterans to file Camp Lejeune contaminated water lawsuits, along with a trail of red tape. Read More
ERISA Lawsuit Settlement Hits Stumbling Block

ERISA Lawsuit Settlement Hits Stumbling Block

January 30, 2023. By Anne Wallace.
Cincinnati, OH The partial settlement of Berry v. FirstGroup America, which seemed like a sure thing less than a month ago, has hit a snag that may require substantial changes. The class action ERISA lawsuit alleged that FirstGroup America removed well-performing investment funds from the FirstGroup America, Inc. Retirement Savings Plan (the “Plan”) and replaced them with newly-launched Hewitt funds. The plan fiduciaries made this change at the urging of Hewitt, its investment adviser (later known as “Aon Hewitt” and now “Aon”). The results were disastrous. Plan participants allegedly lost tens of millions of dollars. Read More
Health IQ Slammed with Proposed California Labor Law Class Actions

Health IQ Slammed with Proposed California Labor Law Class Actions

January 26, 2023. By Jane Mundy.
Santa Clara, CA Health IQ has been slammed with two (so far) proposed California labor class actions alleging the Medicare broker insurance company terminated between 700 to 1,000 employees in December without a heads-up. By not giving workers notice, Health IQ violated the California's Worker Adjustment and Retraining Notification Act (WARN), according to the plaintiffs. Read More
Can PAGA Claims Survive U.S. Supreme Court’s Pro-Arbitration Decisions?

Can PAGA Claims Survive U.S. Supreme Court’s Pro-Arbitration Decisions?

January 24, 2023. By Anne Wallace.
San Francisco, CA In 2023, in Adolph v. Uber Technologies, the California Supreme Court will decide whether non-individual Private Attorneys General Act (PAGA) claims can be heard in a courtroom, rather than before an arbitration panel. This is profoundly significant for lawsuits brought under the California Labor Code because many savvy employers now require employees to agree to arbitrate any disputes and to waive their rights to assert PAGA claims. Employer arbitration panels are where workers’ wage and hour claims go to die. PAGA claims have been the exception. Read More
Judge Irate Over 3M Earplugs Litigation

Judge Irate Over 3M Earplugs Litigation

January 23, 2023. By Jane Mundy.
Santa Clara, CA 3M’s move to shift liability for military earplug injury lawsuits by placing its Aearo Technologies subsidiary into bankruptcy seems to have backfired. A federal judge has described the move as “bad faith tactics” and an “abuse of the litigation process”. Read More
Another Philips CPAP Cancer Lawsuit

Another Philips CPAP Cancer Lawsuit

January 18, 2023. By Jane Mundy.
New York, NY Another CPAP lawsuit has been filed against Philips, this time by a New York man suffering from mouth and tongue cancer and other injuries. This latest lawsuit joins hundreds of other former users of Philips CPAP devices diagnosed with cancer as part of an MDL in the Western District of Pennsylvania. Read More

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