California Voters Weighed In: Gig Workers are Independent Contractors

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Navy Federal to Settle Overdraft Fees Lawsuit for $16 Million
Alexandria, VA The Eastern District of Virginia appears poised to approve a proposed settlement in a class action bank overdraft fees lawsuit originally filed against Navy Federal Credit Union in 2019. Under the terms of the proposed settlement, checking account customers at Navy Federal who were overcharged will have a common fund of $16 million to divide among themselves. The settlement is notable because class members need not file claims to receive compensation. The settlement fund will be automatically allocated among them according to a distribution plan set out in the agreement.

Third Circuit Revives Oil Workers’ Donning and Doffing Lawsuit
Philadelphia, PA On October 26, the Third Circuit Court of Appeals revived a wage & hour lawsuit originally filed by oil rig workers in 2011. At its heart, Tyger v. Precision Drilling Corp. is a “donning and doffing” lawsuit. Rodney Tyger, Shawn Wadsworth and approximately 1,000 other rig hands seek to recover unpaid overtime, allegedly due under the provisions of the Fair Labor Standards Act (FLSA). It’s not over yet; the Third Circuit remanded the lawsuit back to the District Court for further proceedings.

More Injectafer Lawsuits Alleging Hypophosphatemia – a Serious Health Risk
Conshohocken, PA Another Injectafer lawsuit filed in October 2020 joins numerous others filed since 2019, all claiming Vifor Pharma, Ltd., Daiichi Sankyo and its subsidiaries Luitpold Pharmaceuticals and American Regent failed to warn users about the risk of hypophosphatemia—a severe side effect whereby low phosphorous levels are caused by the multiple Injectafer injections.

California Voters Weighed In: Gig Workers are Independent Contractors
Santa Clara, CA Proposition 22, approved by California voters in November, has classified drivers for app-based companies as independent contractors. Ten million votes were counted and the resolution led by nearly 2 million votes.

Hernia Mesh Lawsuits Tangled in Delays
Concord, MA Hernia mesh lawsuits filed against three medical device manufacturers have been delayed mainly because of the coronavirus pandemic, and bellwether trials have been delayed a few times already. Nearly 15,000 hernia mesh claims pending in the federal court system have been consolidated in three multi-district litigations (MDLs).

Bayer to Cough Up Higher Settlement Price to Cover Future Litigation
Santa Clara, CA Bayer needs to cough up more cash to settle Monsanto Roundup current and future lawsuits. While its current legal bill covers most of the Roundup claims, future Roundup cancer lawsuits have not yet been settled.

PFAS & PFOA Water Contamination and Firefighter Lawsuits on the Rise
Santa Clara, CA Townships and municipalities nationwide are filing environmental lawsuits against manufacturers such as Raytheon Technologies, Chemours, DuPont and 3M Co. for adding PFAS (per- and polyfluoroalkyl substances) into the water supply. These chemicals are allegedly toxic and have been linked to certain cancers. As well, former firefighters continue to file lawsuits against makers of AFFF firefighting foams, alleging a link to cancer.

Lubbock National Bank to Settle ERISA Lawsuit for $2 Million
Raleigh, NC The Eastern District of North Carolina seems poised to approve a $2 million settlement that will end an ERISA lawsuit against Lubbock National Bank as trustee of the TBM Consulting Group, Inc. Employee Stock Ownership Plan. It’s an unfortunately familiar story of a major shareholder/officer who unloads overpriced company stock on employees through an ESOP and then moves on.

Hewlett Packard Settles Gender Discrimination Wage Complaint
San Diego, CA On October 26, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced that Hewlett Packard Inc. and Hewlett Packard Enterprise (collectively “HP”) have agreed to pay $1,450,000 to resolve systemic pay discrimination allegations involving 391 female employees. The affected employees worked at several locations including San Diego. Like federal law, the California Labor Code prohibits gender discrimination in wage rates for substantially similar work.

California Jury Decision in Zoom Asbestos Trial Admirable
Santa Clara, CA Despite Metalclad Insulation LLC arguing that COVID-19 restrictions and juror irregularities unfairly impacted an asbestos lawsuit claiming the manufacturer was liable for negligently failing to recall or warn about the risks of using insulation containing asbestos, a California jury awarded the plaintiffs, a Navy admiral and his wife, over $2.5 million.

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