LAWSUITS NEWS & LEGAL INFORMATION
Legal News Articles & Interviews
August 3, 2020. By Anne Wallace.
New Orleans, LA A breast implant side effects lawsuit filed in the Eastern District of Louisiana may soon join the growing list of cases to be considered as part of the federal multidistrict litigation forming in New Jersey. Seuzeneau v. Allergan USA, Inc. charges that Allergan, which marketed, advertised and sold Biocell textured breast implants, failed to disclose the connection between the implants and BIA-ALCL, a rare form of cancer.
July 29, 2020. By Anne Wallace.
San Diego, CA For months, the law firms that represent banks and other big businesses have worried that the Ninth Circuit’s 2019 decision in Blair v. Rent-A-Center shows plaintiffs how to side-step mandatory arbitration provisions that include class action waivers. Defense counsel’s worst fear is realized in the motion for reconsideration filed in McGovern v. U.S. Bank, a California bank overdraft fees lawsuit.
July 23, 2020. By Jane Mundy.
Sacramento, CA MobileWash Inc. is the first gig company hit with a misclassification lawsuit under Assembly Bill 5 – a law making it illegal for companies to hire independent contractors and has violated the California labor code. The California Labor Commissioner’s Office targeted Mobile Wash because it allegedly “made a calculated business decision to misclassify” car washers who perform services arranged through the company’s app as independent contractors, rather than employees.
July 20, 2020. By Anne Wallace.
San Francisco, CA On June 26, the California Court of Appeals held that an employee could continue his state Private Attorneys General Act (PAGA) claim even after settling his California Labor Code lawsuit. Linehan-Clodfelter v. Vivint, Inc. closely follows the reasoning of the recent California Supreme Court decision in Kim v. Reins Internat. California, Inc. Kim was widely seen as strengthening employee efforts to curb employer wage and hour abuse through PAGA, especially for workers who, daunted by the risks of arbitrating wage claims, have taken a settlement offer instead. Linehan-Clodfelter affirms the availability of that important legal tool.
July 17, 2020. By Jane Mundy.
Harrisburg, PA Only after pressure from scientists and consumers and mounting Elmiron vision loss lawsuits, Janssen Pharmaceuticals has finally updated its Elmiron interstitial cystitis drug label, adding the risk of developing permanent eye damage to its side effects. But a quick scan online shows that numerous health sites and pharmacies have not received the memo.
July 16, 2020. By Anne Wallace.
Philadelphia, PA Enock Benjamin, a meat packer at JBS Souderton Inc., died of Covid-19 on April 3, four days after the plant shut down to stop the spread of the virus. His family has filed a wrongful death and survivor lawsuit, claiming that his death was the predictable and preventable result of the JBS’s decisions to ignore worker safety. In fact, rather than protect workers, JBS increased production, implementing a “Saturday kill” to capitalize on panic buying of ground meat.
Victory for Women with Ovarian Cancer linked to Johnson & Johnson’s Talc in Missouri Court of Appeals
July 14, 2020. By Jane Mundy.
St. Louis, MO A panel of three judges with the Missouri Appeals Court has found Johnson & Johnson “Outrageous because of Evil Motive or Reckless Indifference” and upheld an award of over $2 billion in damages: $500 million in compensatory damages, plus another $1.62 billion in punitive damages. This group of 22 ovarian cancer victims-- all of whom developed ovarian cancer from J&J’s baby powder-- has now received the sixth largest award in U.S. legal history.
July 13, 2020. By Anne Wallace.
San Francisco, CA On June 29, the California Supreme Court handed down a pair of opinions that clarify the application of the California labor code to employees who work both within and outside of the state. Ward v. United Airlines, Inc. stands broadly for the proposition that the California labor code applies to employees if the employee works a majority of the time in California or has his or her base of operations in California. Oman v. Delta Airlines, Inc. states the rule in the negative. The California labor code does not apply to workers who work only episodically and for less than a day at a time in California unless the employee works primarily in California during the pay period, or for those who do not work primarily in any state, if the worker has a base of operations in California.
New Jersey Allergan Biocell Textured Breast Implant Lawsuits Consolidated in New Jersey Superior Court
July 10, 2020. By Anne Wallace.
Hackensack, NJ On July 7, the initial case management conference for In Re: Allergan Biocell Textured Breast Implant Products Liability Litigation (the “MCL”) was held before Judge Rachelle Harz in New Jersey Superior Court in Bergen County. The consolidation of state law actions is intended to permit speedy, cost-effective and consistent management of the common issues that the breast implant side effects lawsuits are expected to share. This multicounty litigation will proceed in parallel with the multidistrict federal lawsuits (the “MDL”) that have been consolidated in Newark.
July 9, 2020. By Anne Wallace.
Camden, NJ On June 24, Judith Jimenez filed a class action bank overdraft fees lawsuit claiming that TD Bank, NA re-opened her checking account, which the bank had previously closed, for the express purpose of charging her an overdraft fee. Mission accomplished, the bank then closed her account again – all without her authorization. The lawsuit further claims that TD Bank had a routine practice of opening accounts in the names of consumers without lawful authority. If this sounds familiar, it should.
- California Court Rejects Dignity Health Settlement Again By Anne Wallace (Jul-8-20)
- FDA Pulls Zantac off Shelves By Anne Wallace (Jul-6-20)
- Uber Slammed -- From California to Canada By Jane Mundy (Jul-5-20)
- Mosanto and Regulators vs. Consumers By Jane Mundy (Jul-3-20)
- Rite-Aid not doing it Right By Jane Mundy (Jul-3-20)
- Aldi, Inc. Settles California Overtime Lawsuit By Anne Wallace (Jul-1-20)
- Biden Backs Assembly Bill 5; Opposes Measure to Exempt App-Based Drivers By Anne Wallace (Jun-25-20)
- District of Columbia Sues Elevate Credit, Inc. By Anne Wallace (Jun-24-20)
- Tobacco Industry’s Back in Business with E-Cigarettes By Jane Mundy (Jun-22-20)
- California AG Pressures Walmart to Protect Vulnerable Employees By Anne Wallace (Jun-19-20)
- Employee Stock Ownership Lawsuit Unmasks Brazen Corporate Fraud By Anne Wallace (Jun-18-20)
- The Environmental Protection Agency no longer Protecting Monsanto? By Jane Mundy (Jun-17-20)
- Insured Californians Getting Gouged by Out-of-Network Providers By Jane Mundy (Jun-16-20)
- Ninth Circuit: Workers Must be Paid for Call-in Shifts By Anne Wallace (Jun-15-20)
- Two Zantac Lawsuits, Two types of Cancer By Jane Mundy (Jun-12-20)
- Safeway and McDonalds Coronavirus Safety Lawsuit By Jane Mundy (Jun-11-20)
- Employment Discrimination, Disability Accommodations and Return to Work after COVID-19 Closures By Anne Wallace (Jun-10-20)
- ERISA Lawsuits Target United HealthCare Reimbursements Practices By Anne Wallace (Jun-10-20)
- Federal Court Sends Excessive Overdraft Fees Plaintiffs to Arbitration By Anne Wallace (Jun-9-20)
- Elmiron Vision Loss Lawsuits Mounting By Jane Mundy (Jun-5-20)
- Former Canadian Health Minister on Juul Board while Current Minister Opposes Vaping By Jane Mundy (Jun-4-20)
- Truckers Fight Against Bill AB5, No Backup from Teamsters or State of California By Jane Mundy (May-31-20)
- Excessive Overdraft Fee Lawsuits Hit the Heartland By Anne Wallace (May-29-20)
- Monsanto Roundup Cancer Appeal, Bayer Blames Coronavirus By Jane Mundy (May-27-20)
- California McDonald’s Workers Cite COVID-19 Safety Issues By Anne Wallace (May-25-20)
- Mandatory Arbitration Amendments Thwart Excessive Overdraft Fee Lawsuits By Anne Wallace (May-22-20)
- Zantac Associated with Breast Cancer By Jane Mundy (May-20-20)
- The Gig Economy v. Assembly Bill 5 By Jane Mundy (May-19-20)
- Tell teens that Now is the Time to Quit E-Cigarettes and Vaping By Jane Mundy (May-18-20)
- California Sues Uber and Lyft By Anne Wallace (May-15-20)
- Getting Caught Can Reduce Emergency Room Overcharges By Jane Mundy (May-14-20)
- Some California Food Workers Choose between COVID-19 exposure or lost wages—will worker safety lawsuits follow? By Jane Mundy (May-12-20)
- Hundreds of Documents Unsealed in 3M Defective Earplug Litigation By Jane Mundy (May-7-20)
- Putnam Investments to Settle 401k Self-Dealing Lawsuit for $12.5 Million By Anne Wallace (May-6-20)
- California Suspends Worker Layoff Notifications. Did Velodyne Take Advantage? By Anne Wallace (May-4-20)
- Employment Discrimination based on Perceived Sexual Orientation By Anne Wallace (May-1-20)
- Can California Employers Pay Workers with Reloadable Debit Cards? By Anne Wallace (Apr-27-20)
- California Labor Bill AB5 Adding Fuel to Fire with COVID-19 Crisis? By Jane Mundy (Apr-24-20)
- Wells Fargo Fake Account Scandal Grinds On By Anne Wallace (Apr-23-20)
- JPMorgan Chase to Settle 401k Self-Dealing Lawsuit By Anne Wallace (Apr-22-20)