Legal News Articles & Interviews

Santa Clara, CA Despite the $2 trillion coronavirus aid package that includes over $100 billion for hospitals and medical needs, and despite a law signed by President Trump on March 18 that supposedly allows Americans to be tested for coronavirus free of charge, some patients now face emergency room overcharges. While the tests may be free, both insured and uninsured patients are still charged the ER visit to get the test.  And keep in mind that insured patients visiting an emergency room during this crisis could face huge ER costs.

Santa Ana, CA Papa John’s International has asked the Central District of California to approve a $3.4 million settlement to end a lawsuit that claimed the pizza chain failed to pay workers for required training time. The conduct described violates the Fair Labor Standards Act as well as wage requirements of New York and California labor law.

Washington, DC Some banks are pitching in during the COVID-19 pandemic by forgoing overdraft charges and other actions that can support consumers. Banks aren’t known for their philanthropy:  In return financial institutions can earn credit toward their Community Reinvestment Act requirements (CRA). 

Chicago, IL On March 2 attorneys for Boeing, its 401k retirement plan and the plan’s investment committee asked the District Court for the Northern District of Illinois to dismiss Burke v. The Boeing Co. The defendants claim that Newport Trust Co., the plan’s investment manager, was solely responsible for any losses incurred by participants in the Boeing Voluntary Investment Plan (VIP) when the value of Boeing’s stock dropped in the aftermath of the 737 MAX 8 aircraft disasters. Newport was not named as a defendant in the ERISA lawsuit.

Sacramento, CA On March 19, Gov. Gavin Newsom ordered all Californians to stay home except for workers essential to health care, public safety, food, agriculture and media. Those who can work remotely may be juggling work and children. Laid off and furloughed workers are looking at reduced paychecks, even with the wage and benefit protections of federal and California labor law. Independent contractors and the self-employed may be looking at even worse circumstances.

Santa Clara, CA Coronavirus and e-cigarette use have one thing in common: they harm the lungs. And as of March 2020, hundreds of Juul e-cigarette lawsuits have been combined in a California federal court, with many more complaints expected.

Whippany, NJ Bayer, one of the largest and most high-profile public companies in the world, started negotiations last year with plaintiffs’ lawyers to settle tens of thousands of lawsuits involving Roundup. Now it’s been slammed with a shareholder derivative lawsuit.

West Palm Beach, FL Zantac cancer lawsuits will be consolidated in multidistrict litigation in the U.S. District Court for the Southern District of Florida. At the time of its formation on February 6, the MDL included 15 cases. An additional 126 cases were pending in 21 districts nationwide, and more plaintiffs are expected to join. The consolidated lawsuit will include cancer injury claims and consumer class actions against defendants who manufactured, sold or distributed Zantac and other ranitidine medications.

San Francisco, CA Putting into place public health measures to deal with COVID-19 also raises a number of California labor law issues. Employers are scrambling to navigate a new workplace, which could mean their employees working from home. And employees are anxious to understand their legal rights. Here are the top FAQ’s asked by employees.

New York, NY Retirement plan participants who are concerned that plan administrators and service providers may be running the plan for their own benefit can extract three important lessons from Haley v. Teachers Ins. & Annuity Assoc. of America. First, the possibility that plan fiduciaries and record keepers may be engaged in self-dealing is a very hot topic. These ERISA lawsuits may involve thousands of retirement plans and exponentially more retirement savers. That many plaintiffs can spell huge liability for those who manage a plan. Second, the success of these lawsuits depends on being granted class action status; and finally, the issue of who is a fiduciary and why it matters is often central when it comes to allegations of self-dealing.