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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.
Read [ Plaintiffs Seek Recusal of Latest Judge in Home Depot ERISA Lawsuit ]

Alcoa Fights Retirees’ ERISA Lawsuit over Health Benefits Plan

Alcoa Fights Retirees’ ERISA Lawsuit over Health Benefits Plan May 10, 2022. By Anne Wallace.
Evansville, IN In December 2020, Alcoa USA Corp. retirees brought an ERISA lawsuit in the Southern District of Indiana to block Alcoa’s announced plan to change the way in which it provided collectively bargained retiree health benefits. The changes at issue in Kaiser v. Alcoa USA Corp. (originally captioned Simpkins v. Alcoa USA Corp.) became effective in 2021 and affect roughly 3,000 retirees and spouses. They were made unilaterally by Alcoa, apparently without negotiating with the workers’ collective bargaining representative.
Read [ Alcoa Fights Retirees’ ERISA Lawsuit over Health Benefits Plan ]

Teamsters Sue UPS for Pension and Welfare Contributions

Teamsters Sue UPS for Pension and Welfare Contributions April 30, 2022. By Anne Wallace.
Newark, NJ On March 23, the Trustees of the Teamsters Pension Trust Fund of Philadelphia and Vicinity filed a lawsuit in federal court in New Jersey, alleging that UPS had failed to make required contributions to the pension and welfare funds for 2015. The ERISA lawsuit seeks nearly $300,000 in unpaid contributions to the two plans plus attorneys’ fees and other costs.
Read [ Teamsters Sue UPS for Pension and Welfare Contributions ]

Long-Term Disability Attorney Discusses Long-COVID Disability Claims

Long-Term Disability Attorney Discusses Long-COVID Disability Claims April 27, 2022. By Jane Mundy.
Northridge, CA It’s no surprise that some “long COVID-19” claims are denied by insurance companies: there was even a debate about whether it was real. But long-term disability attorney Brent Dorian Brehm, with Kantor & Kantor LLP has already won “post-COVID-19 syndrome” appeals for his clients. Brehm discusses how best to file a long-COVID LTD claim.
Read [ Long-Term Disability Attorney Discusses Long-COVID Disability Claims ]

More Hospital Overcharges Lawsuits against TeamHealth “Cartel”

More Hospital Overcharges Lawsuits against TeamHealth “Cartel” April 6, 2022. By Jane Mundy.
Baton Rouge, LA No sooner has TeamHealth settled a $15 million class action lawsuit brought by physicians than it’s slammed with another class action claiming inappropriate ER billing and systematic overcharges from its central billing office which is controlled in a “cartel-like manner”. 
Read [ More Hospital Overcharges Lawsuits against TeamHealth “Cartel” ]

Coca-Cola Bottler to Settle ERISA lawsuit for $3.5 Million

Coca-Cola Bottler to Settle ERISA lawsuit for $3.5 Million March 21, 2022. By Anne Wallace.
Charlotte, NC Large independent bottler, Coca-Cola Consolidated Inc., has agreed to pay $3.5 million to settle a class-action breach of fiduciary duty lawsuit that could have involved thousands of plan participants. The ERISA lawsuit was originally brought in 2020 by two participants in the Coca-Cola Consolidated, Inc. 401k Plan. Cheyenne Jones v. Coca-Cola Consolidated Inc. alleges that the plan’s administrative committee breached its fiduciary duty to participants by failing to monitor unreasonable fees and the poor performance of a risky investment option.
Read [ Coca-Cola Bottler to Settle ERISA lawsuit for $3.5 Million ]

UnitedHealthcare Cites Upcoding Fraud in Lawsuit against Emergency Room Staffing Company

UnitedHealthcare Cites Upcoding Fraud in Lawsuit against Emergency Room Staffing Company March 9, 2022. By Anne Wallace.
Knoxville, TN On October 27, 2021, UnitedHealthcare filed a lawsuit against TeamHealth Holdings in the Eastern District of Tennessee. UnitedHealthcare Services v. TeamHealth Holdings, the ER fees lawsuit, charges that TeamHealth routinely overcharged emergency room patients for minor medical needs. UHC, as the administrator for many of those claims, alleges that it overpaid by as much as $100 million. The company claims that TeamHealth’s tactics crossed the line from aggressive profit maximization to outright fraud.
Read [ UnitedHealthcare Cites Upcoding Fraud in Lawsuit against Emergency Room Staffing Company ]

The No Surprises Act Not Foolproof

The No Surprises Act Not Foolproof February 23, 2022. By Jane Mundy.
Santa Clara, CA The No Surprises Act, that went into effect January 1, 2022 intends to provide protection against surprise medical bills such out-of-network bills for in-network hospitals and services such as an air ambulance ride (not ground ambulance) to an in-network hospital. But don’t be surprised if you get a surprise bill…

Read [ The No Surprises Act Not Foolproof ]

ERISA Lawsuit Nets Nearly $9.4 Million for Plan Participants

ERISA Lawsuit Nets Nearly $9.4 Million for Plan Participants February 10, 2022. By Anne Wallace.
St. Paul, MN The U.S. Department of Labor has announced an agreement to settle Walsh v. Reliance Trust Co. that will restore nearly $9.4 million to participants in the Kurt Manufacturing Company Employee Stock Ownership Plan (ESOP). The ERISA lawsuit alleged that plan fiduciaries caused the ESOP to buy all the outstanding company stock for nearly $10 million more than it was worth. The sellers of the stock included company directors and the chairman of the board. The DOL claimed that the sellers either knew or should have known that the price was significantly inflated.
Read [ ERISA Lawsuit Nets Nearly $9.4 Million for Plan Participants ]

Mother Files Lawsuit Claiming Similac Infant Formula Caused Baby’s Death

Mother Files Lawsuit Claiming Similac Infant Formula Caused Baby’s Death January 30, 2022. By Jane Mundy.
Chicago, IL A mother has filed a lawsuit against Abbot Laboratories, the manufacturer of Similac Special Care, claiming the infant formula caused the death of her premature baby after he developed necrotizing enterololitis (NEC). Baby Eli never left the hospital’s neonatal intensive care unit.
Read [ Mother Files Lawsuit Claiming Similac Infant Formula Caused Baby’s Death ]

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