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Oman v. Delta Airlines is Done. Virgin America v. Bernstein Looms on the Horizon

Oman v. Delta Airlines is Done. Virgin America v. Bernstein Looms on the Horizon

May 20, 2022. By Anne Wallace.
Washington, DC On January 10, the U.S. Supreme Court denied Delta Airline’s petition for certiorari, in which it sought review of the question of whether the Constitution’s Article I Commerce Clause and the federal Airline Deregulation Act (ADA) exempted airlines from California labor law’s wage and hour regulations. This left intact the Ninth Circuit’s decision that the airline violated California minimum wage, overtime, meal and break, timekeeping, and wage statement rules.

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Flowers Foods and its Drivers Settle for a Lotta Dough

Flowers Foods and its Drivers Settle for a Lotta Dough

May 19, 2022. By Jane Mundy.
Portland, ME Flowers Foods has been given the green light by a U.S. District judge to settle a unpaid wages class action lawsuit with its current and former distributors in Maine to the tune of $23 million. No wonder the cost of bread has risen. It can’t be blamed solely on supply shortages.

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Longshore Act and Truckers Workers’ Comp Coverage

Longshore Act and Truckers Workers’ Comp Coverage

May 18, 2022. By Jane Mundy.
Oakland, CA Whether or not trucking companies with operations on port property – such as the Port of Oakland and the Port of San Francisco – are subject to Longshore Act coverage is yet to be determined. 

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Bard v. Milanesi Good News for Hernia Mesh Victims

Bard v. Milanesi Good News for Hernia Mesh Victims

May 17, 2022. By Jane Mundy.
Pensacola, FL Lorna P., one of many hernia mesh victims, is hopeful that she will receive compensation after hearing that the jury in the second C.R. Bard bellwether trial awarded $255,000 to a man allegedly injured by C.R. Bard’s hernia mesh.

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Plaintiffs Seek Recusal of Latest Judge in Home Depot ERISA Lawsuit

Plaintiffs Seek Recusal of Latest Judge in Home Depot ERISA Lawsuit

May 16, 2022. By Anne Wallace.
Atlanta, GA On April 15, plaintiffs in Pizarro v. The Home Depot asked U.S. District Judge Steven D. Grimberg to recuse himself because of his association with the Chamber of Commerce, which had filed an amicus curiae brief in support of The Home Depot in 2021. The $140 million class action ERISA lawsuit was assigned to Judge Grimberg on March 4 of this year only after Judge William M. Ray II, who had previously presided over the case, recused himself because he was about to inherit Home Depot stock. This is the fourth re-assignment sought by the plaintiffs.

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Family of Las Vegas man denied cancer treatment awarded  $200M verdict in insurance bad faith lawsuit

Family of Las Vegas man denied cancer treatment awarded  $200M verdict in insurance bad faith lawsuit

May 11, 2022. By LAS Staff Writer.
Las Vegas, NV (April 26, 2022) A jury awarded $40 million in compensatory damages and $160 million in punitive damages to the family of a Las Vegas man who died after being wrongfully denied a specific type of cancer treatment. Sierra Health and Life, a UnitedHealthCare Company, denied Bill Eskew’s claim for proton beam therapy (PBT). Sandy Eskew, the widow and on behalf of Bill Eskew’ estate, brought a lawsuit against Sierra Health and Life. After a 13-day trial, the jury found Sierra Health and Life had breached its duty of good faith and fair dealing also known as “insurance bad faith.” 

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Minor League Players “Chasing a Dream” Under Harsh Living Conditions

Minor League Players “Chasing a Dream” Under Harsh Living Conditions

May 11, 2022. By Jane Mundy.
Santa Clara, CA If Major League Baseball and its teams have their way, minor leaguers will be prohibited from mentioning their purported poor living conditions at a California wage trial, arguing that the evidence is irrelevant and could unfairly sway jurors.


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