Legal News Articles & Interviews

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.

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.

Oakland, CA The long-awaited settlement in Rollins v. Dignity Health, a class action ERISA lawsuit, that has been moving through the legal system since 2013, continues to be just that – long awaited. On June 12, the District Court for the Northern District of California refused to approve a proposed settlement for the second time since 2019.

Washington, DC On April 1, the federal Food and Drug Administration asked manufacturers to withdraw Zantac and all other prescription and over-the-counter ranitidine drugs from the market immediately. It has also advised those who use OTC ranitidine medications to stop taking them immediately and patients with ranitidine prescriptions to speak with their health care providers. Zantac cancer lawsuits that cite the link between heartburn medications that contain ranitidine and various forms of cancer have been forming for months. The FDA has now finally taken affirmative steps to protect consumers.

Santa Clara, CA Uber and Lyft are getting slammed, from California to Canada. In May, California sued the ride-hailing companies claiming they misclassified their drivers as independent contractors under the state’s new labor law, Bill AB5. North of the border, the Canadian Supreme Court has allowed Uber drivers to forge ahead with a class action lawsuit that will classify them as employers rather than independent contractors.

Santa Clara, CA The herbicides dicamba and glyphosate have a lot in common. Both are made by Monsanto, both are associated with environmental problems such as chemical drift and both cause health problems, such as cancer. Nobody knows this more than investigative journalist Carey Gillam.

Santa Clara, CA A California federal judge says Rite Aid violated California labor law by not reimbursing its employees for their uniforms. And one month previously, in May, Rite-Aid was hit with another lawsuit. Along with Thrifty PayLess Inc., about 10,000 employees may be owed wages for time spent undergoing off-the-clock security checks.

Los Angeles, CA Jeree Gant filed a class action lawsuit against Aldi, Inc., claiming that the grocery chain failed to pay her for all the hours she worked between October 2017 and May 2018. The other allegations under the California labor code concerning meal breaks, rest breaks and wage statements follow from that central claim. Aldi has now offered to settle the claims of what might ultimately have been thousands of California plaintiffs for $2 million.

Sacramento, CA Presumptive Democratic presidential nominee, Joe Biden, has announced that he opposes a November 3 ballot initiative that would permit companies like Uber and DoorDash to continue to classify drivers as independent contractors. If approved, the measure would override AB 5 with respect to app-based drivers. These drivers could, as a result, be classified as independent contractors not protected by the wage and hour provisions of the California Labor Code.  

Washington, DC On June 5, Karl Racine, Attorney General for the District of Columbia filed a lawsuit against Elevate Credit Inc., alleging that Elevate charged loan interest rates on what are essentially internet payday loans in excess of the District’s usury limits. The interest rates of 149 to 251 percent associated with Elevate’s Rise and Elastic brand loans set a trap for low-income consumers similar to excessive bank overdraft fees many banks charge for “overdraft protection” on a checking account.