New York Legal News Articles & Interviews

Westchester County, NY – A state Supreme Court jury last November awarded $120 million in a medical malpractice lawsuit against Westchester Medical Center. In 2018 the plaintiff was rushed to hospital and because doctors failed to diagnose a stroke, he suffered extensive brain damage. The hospital argued that brain damage had already occurred before he was admitted.

Richmond, VA  On November 24, the Fourth Circuit gave new life to a Fair Labor Standards Act (FLSA) lawsuit brought by restaurant workers who accused their employer of violating the FLSA’s minimum wage and overtime requirements by mis-classifying gratuities and permitting ineligible employees to share in the tip pool. Wai Tom v. Hospitality Ventures LLC wades into a dense thicket of questions surrounding how the FLSA protects tipped workers.

Washington, DC On November 2, a group of Chipotle Apprentices (entry-level managers) filed a petition with the U.S. Supreme Court asking that their wage & hour lawsuit not be reviewed. Their lawsuit, originally brought in New York as Scott v. Chipotle Mexican Grill, Inc., seeks overtime pay for workers who were misclassified as managers and thus not protected by wage and hour laws.

Dallas, TX: The bellwether defective hip implant lawsuits that were tried in the Northern District of Texas as part of multidistrict litigation 2244 have yielded some staggering awards for the plaintiffs. The latest Alice hip failure lawsuit ended with a $247 million award to six plaintiffs. A previous bellwether trial awarded $1.4 billion to a group of six plaintiffs, and another lawsuit ended with a $502 million jury award to five plaintiffs.

Manhattan, NY: When the 2nd US Circuit Court of Appeals returned an excessive bank overdraft fees lawsuit to the originating lower US District Court for the District of Manhattan for further proceedings – thus reviving the proposed class action lawsuit – the defendant in the case was told its overdraft fee rules were ambiguous, amongst other rulings that put the plaintiffs and those similarly affected back into the drivers’ seat.

New York, NY Tawanna Roberts's excessive bank overdraft fees lawsuit had all the familiar hallmarks. She claimed that she had a positive balance at the time she made the transactions that triggered the penalties, and that those penalties were made worse by Capital One's practice of reordering transactions to maximize what it could charge.

Cleveland, OH:Across the U.S., city and county newspapers looking back on 2017 say the top news story was the opioid crisis. And opioid litigation already looks like it will dominate legal news in 2018.

Dallas, TX: In a recent hip replacement trial, plaintiffs’ lawyer showed to the jury records whereby DePuy paid its Pinnacle hip "design surgeons" more than $184 million in royalties that he argued were kickbacks. And jurors watched a video of a 2008 DePuy sales conference themed “Taking Share of Business”. To the lyrics of “Takin’ Care of Business” by the rock group Bachman-Turner Overdrive, DePuy’s former top marketer leads a parade with costumed alligators, a bloodied man with a hatchet and a giant metal hip implant. The plaintiffs won.

Manhattan, NY: A new study that appears to deflect some heat away from Eliquis bleeding risks, combines with a previous court decision by a federal judge back in May to intensify the challenge involved in bringing a successful Eliquis lawsuit.

White Plains, NY: In spite of a product recall of the troubled Ethicon Physiomesh last year, lawsuits brought by hernia patients negatively impacted by the failed medical device continue to be filed. To that end, a surgical mesh lawsuit was filed this past September by a plaintiff in US District Court for the Southern District of New York.