California Wildfire Bad Faith Insurance Denial Lawsuits Get New Life

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Repeated Sexual Abuse in Nursing Home Criminal
Oswego, NY A female resident in Pontiac Nursing Home in Oswego suffering from dementia was sexually abused three times by another resident who was admitted to Pontiac in 2019. Management declined to tell Pontiac’s doctor and other employees that he was a known sexual offender.

California Wildfire Bad Faith Insurance Denial Lawsuits Get New Life
San Francisco, CA In May 2020, the California Court of Appeal for the First Appellate District reversed the trial court’s grant of summary judgment to State Farm Insurance Co. Leonard and Patricia Fadeeff challenged the insurer’s denial of their claim for damage to their home in the 2015 Valley Fire. Fadeeff v. State Farm continues to be a seminal case in California bad faith insurance denial lawsuits.

Two Former Cardiologists Awarded $10.6 million for Reporting Patient Care Problems and Overcharging
Detroit, MI Tenet Healthcare was accused of acting with malice when a Michigan hospital demoted two cardiologists after the complained about cost-cutting measures, overcharging and substandard patient care. The doctors filed a False Claims lawsuit and retaliation is costly—to the tune of $10.6M.

Ninth Circuit Sends "High-Tech Debt Trap" Lawsuit to Arbitration
Los Angeles, CA On February 19, the Ninth Circuit held that a borrower, who found herself in what she described as a “high-tech debt trap,” must arbitrate her claims against the lender, having waived her right to sue. Marggieh DeCarlo was trying to build credit but instead found herself entangled instead in a ruinous web of loan charges, membership fees and bank overdraft fees.

San Diego to Pay $3.4 Million to Settle Firefighters’ Overtime Claims
San Diego, CA On February 8, the U.S. District Court for the Southern District of California approved a proposed settlement of Kelley v. City of San Diego. The settlement ends a class action California labor lawsuit brought by San Diego firefighters who claim that their overtime payments were miscalculated under the provisions of the Fair Labor Standards Act. Under the terms of the settlement, San Diego will pay $1.575 million in back overtime and $1.575 million in liquidated damages as well as attorneys' fees and costs.

NHTSA Orders Ford to Recall 3 Million Cars for Defective Airbags
Washington, DC The National Highway Traffic Safety Administration has ordered Ford to recall three million cars that contain defective driver’s side airbags. The airbags contain potentially faulty Takata inflators that may cause the bags to rupture, resulting in catastrophic airbag injuries. This follows a similar 2020 order affecting General Motors.

Denied Insurance Coverage for Proton Beam Therapy
Santa Clara, CA Proton beam radiation therapy (PBRT) is purportedly a safer and more effective cancer treatment than x-ray or photon-based treatments and less invasive than surgery, but some insurance companies deny coverage, which has led to bad faith insurance lawsuits.

Amazon to Pay $61.7 Million to Settle FTC Charges of Tip Theft
Washington, DC On February 2, the FTC announced that Amazon will pay $6.17 million to settle Federal Trade Commission charges that the company pocketed tips promised to Amazon Flex drivers. The company allegedly changed its driver compensation structure in 2016 without informing drivers. Pending California labor lawsuits against Amazon, those, like lawsuits in Massachusetts and other states can be expected to continue. Although the settlement has no precedential value for these lawsuits, it builds a larger picture of worker mistreatment and widespread disregard for the requirements of wage and hour and consumer protection laws.

Bayer’s $2billion deal to finalize future Monsanto Claims
San Francisco, CA To resolve future claims that Monsanto’s Roundup causes cancer, Bayer is coughing up a $2 billion settlement that includes benefits for people—mainly farmers and gardeners-- who were exposed to Roundup and develop the cancer in the future.

Ethicon Litigation Dragging but Bellwether Trials Rescheduled
Atlanta, GA The Ethicon Physiomesh bellwether trial schedule, which was delayed due to COVID-19, has been confirmed by U.S. District Judge Richard Story in the Northern District of Georgia. The first hernia mesh complications case will go before a jury in March 2021.

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