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  • Participants Sue $1.52 Billion Baptist Health South Plan for Wasting Retirement Savings
    Sep-6-21 Miami, FL  On August17, three former participants in the Baptist Health South Florida, Inc. 403(b) Employee Retirement Plan (BHSF Plan) sued plan fiduciaries for breaching their duty of loyalty and prudence to participants and beneficiaries by paying “astronomical” management fees. The named plaintiffs in the ERISA lawsuit  seek...
  • McDonald’s Employees “Treated Like Dogs” Reach Settlement
    Sep-3-21 Oakland, CA Workers at Oaklands McDonald’s who claimed they had to wear dog diapers and coffee filters instead of face masks settled a California safety lawsuit August 12. McDonald’s Safety Settlement Part of the settlement requires the franchise to maintain numerous safety measures, provide paid breaks to ensure that workers can saniti...
  • Philips CPAP Sleep Machines: Investors Over Individuals?
    Sep-1-21 Santa Clara, CA Philips “regretfully” told its investors of a foam problem with certain sleep and respiratory care products, including DreamStation CPAP Machines, but consumers weren’t told of the serious problem until the recall—issued 49 days after investors knew. Consequently, CPAP sleep machine lawsuits alleging failure to war...
  • New Roundup MDL Claimants Must Participate in Settlement Process
    Aug-29-21 San Francisco, CA The Northern District of California has ordered current and future plaintiffs in the Monsanto glyphosate multidistrict litigation (MDL) who have not already reached a settlement with Monsanto to participate in a program that has been overseen by Special Master Ken Feinberg since 2019. The Order has apparently prompted Bayer AG, Mo...
  • California Grocery Stores Fined for Failure to Pay COVID-19 Sick Leave
    Sep-2-21 Santa Clara, CA Three El Super grocery stores in Southern California were slapped with fines of more than $447,000 by California regulators last month for failing to provide or delay sick leave during the pandemic. The California Labor Commissioner’s Office said some of the 95 employees were forced to work while sick, others were told to apply for...
  • CVS to Settle California Labor Lawsuit for $10.4 Million
    Aug-31-21 Los Angeles, CA The federal court for the Central District of California has approved a settlement under which CVS Pharmacy will pay retail pharmacists $10.4 million to compensate them for off-the-clock training time. Chalian v. CVS alleges that the retail pharmacy giant failed to credit time actually spent in required training, in violation of Californ...
  • Bard Hernia Mesh Bellwether Trial Underway
    Aug-30-21 Columbus, OH More than 8,000 hernia mesh patients and their attorneys who filed Ethicon physiomesh complaints are likely watching closely C.R. Bard’s first bellwether trial, which is expected to last five weeks and two days. The bellwether trial, which began on August 2 before U.S. District Judge Edmund A. Sargus, Jr. is underway in the Sou...
  • Maine First to Enact Ban on Polyfluoroalkyl substances (PFAS)
    Aug-26-21 Augusta, ME Maine is the first state to ban polyfluoroalkyl substances – toxic chemicals that are used in firefighting foam and many other products. PFAS, also known as ‘forever chemicals’, has been linked to water contamination, which has led to many serious health issues and PFAS lawsuits nationwide. In July 2021 the state introduc...
  • Louisiana Paraquat Distributor files Toxic Tort Lawsuit against Syngenta
    Aug-27-21 Shreveport, LA  In a toxic tort lawsuit filed in the Western District of Louisiana, Michael Hensgens alleges that low-level exposure to Paraquat over the years he worked as a Paraquat distributor caused his Parkinson’s disease. Hensgens v. Syngenta will likely be consolidated for pretrial motions with the growing body of Paraquat litigatio...
  • Tennessee Drywall Workers Win Unpaid Overtime in DOL Settlement
    Nov-21-18 Hermitage, TN On October 19, 2018, the U.S. Department of Labor announced that Tennessee contractor, Vasquez Drywall, had agreed to pay $103,300 in back wages to workers misclassified as independent contractors and a $2,424 civil penalty. Employment misclassification is rampant in the construction industry in Tennessee and throughout the country. Th...
  • Zantac Bellwether Trials Likely in 2023
    Aug-25-21 West Palm Beach, FL On June 14, the Southern District of Florida, where Zantac cancer lawsuits have been consolidated for pretrial motions, issued an amended case management schedule. The Order anticipates that bellwether trials will begin in 2023. It also sets a rough timeline for preliminary steps that will shape the litigation and determine the lik...
  • Boy Scouts Sexual Abuse Agreement
    Aug-23-21 Irving, TX A tentative agreement has been reached with the Boy Scouts of America and some 70,000 sexual abuse victims, but there is opposition to the $850 million settlement, including sponsoring churches and insurance companies. Why now? Information kept secret for decades has recently become public knowledge and in its wake thousands of sexual abuse...
  • YUM! Brands Recruiter Files ERISA Lawsuit over Misclassification
    Aug-16-21 Los Angeles, CA On July 9, Tim Alders, formerly an Executive Recruiter for YUM Brands Inc. and Taco Bell Corp. filed an ERISA lawsuit alleging that the fast-food conglomerates deprived him of pension and other benefits by deliberately misclassifying him as an independent contractor, rather than an employee. Tim Alders v. YUM, Inc. is neither a standard...
  • Drivers’ PAGA Claims Survive Postmates’ Arbitration Challenge
    Aug-13-21 San Francisco, CA On July 20, the California Court of Appeals rejected Postmates Inc.’s argument that the plaintiff drivers must submit their Private Attorney Generals Act (PAGA) claims to arbitration. In Winns v. Postmates, Inc. , the couriers alleged that Postmates withheld wages, took tips given intended for couriers and misclassified the...
  • Minor League Baseball Players Sue for Unpaid California Wages
    Aug-9-21 San Francisco, CA On July 23, the U.S. Magistrate sitting in the Northern District of California narrowed the subclass of plaintiffs who may seek injunctive relief in Senne v. Office of the Commissioner of Baseball . The lawsuit that makes claims under California prevailing wage laws among other state and federal statutes. The minor leaguers allege that...
  • Is a Health Plan Liable for the Negligence of an Unqualified Claims Reviewer?
    Oct-23-18 Sherman, TX Johnson v. UnitedHealthcare raises more questions than it answers about how ERISA protects health plan participants who bring bad faith insurance lawsuits over denied medical claims. Stephen Johnson had more than his share of hardship. The law hasn’t helped him. But it’s a complicated story that will affect claimants and health in...
  • Judge Upends $289 Million Monsanto Roundup Cancer Award
    Oct-19-18 San Francisco, CA On October 11, 2018, San Francisco Superior Court Judge Suzanne Bolanos tentatively ruled that she would toss out the jury’s $250 million punitive damage award and schedule a new trial on that issue. The judge also suggested she may also drastically reduce the $39 million compensatory damage portion of the Monsanto glyphosate laws...
  • Proton Pump Inhibitor FAQ
    What are Proton Pump Inhibitors? Proton pump inhibitors (PPIs) are medications used to treat heartburn, gastroesophageal reflux disease (GERD), ulcers in the stomach and small intestine and inflammation of the esophagus. They work by reducing the amount of acid in the patient's stomach. Proton pump inhibitors are available either through prescription...
  • Proton Pump Inhibitor Lawsuit Information and Legal News
    Proton pump inhibitors (PPIs) are a group of drugs mainly used to relieve symptoms of acid reflux, or gastroesophageal reflux disease. PPIs have been linked to an increased risk of bone fractures, heart attacks, cardiac birth defects (only in Prilosec), and more recently chronic kidney disease (CKD). The risk of proton pump inhibitor side effects has b...
  • ABM Industries to Settle Janitors’ Wage Lawsuits for $140 Million
    Jul-30-21 San Francisco, CA On July 8, ABM Industries entered into a written agreement to settle the consolidated lawsuits, ABM Industries Overtime Cases (also known as the “Bucio case”), pending in the Superior Court of California, County of San Francisco. Filed in 2006, the lawsuits allege that ABM’s prior timekeeping and payment...
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