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  • Rollins v. Dignity Health Creeps toward Settlement
    Nov-23-21 Oakland, CA Rollins v. Dignity Health , a nearly nine-year old ERISA lawsuit that has been moving through the federal court system since 2013, may be one step closer to settling. The Northern District of California has preliminarily approved a deal with the addition of an additional sub-class of plaintiffs. The same court rejected proposed settlement...
  • Panacryl Sutures Legal Help.
    Panacryl sutures are a type of absorbable sutures, or stitches, that are commonly used to assist patient's wound healing after surgery. These type of sutures are intended to be absorbed by the body so there is no need for removal at a later time. Panacryl sutures unfortunately may have been the cause of more harm by not dissolving as intended. ...
  • Take the Super out of El Super
    Nov-10-21 Los Angeles, CA Not once but twice has the California Labor Commissioner’s Office fined Bodega Latina (doing business as El Super) grocery stores for not providing or delaying supplemental paid sick leave or other benefits to 240 workers affected by COVID-19. In July Bodega Latina was fined $447,876 for similar California labor violations that affe...
  • Zimmer Biomet Shoulder Lawsuit News and Legal Information
    The Zimmer Biomet Shoulder replacement device has been recalled for allegedly fracturing at a higher rate than stated in the shoulder replacement label. The FDA issued the Biomet Comprehensive Reverse Shoulder recall as a Class I, the most serious type of recall because this allegedly defective product can cause severe injury and even death. Produc...
  • Bob Dylan Accused of Sexual Abuse
    Sep-24-21 New York, NY A woman identified as JC  filed a civil sexual abuse lawsuit last month with the New York Supreme Court accusing Bob Dylan of sexual assault, battery, false imprisonment and intentional infliction of emotional distress over a period of six weeks back in 1965. The 68-year-old plaintiff says she is “emotionally scarred and psycholog...
  • CPAP Sleep Machine Nightmare – for both Consumers and Philips
    Sep-13-21 St Louis, MO Philips CPAP sleep machine recall has caused a rude awakening for thousands of users who rely on the sleep machine to get them through the night – alive. Meanwhile, the U.S. Judicial Panel on Multidistrict Litigation will discuss next month the future of sleep machine lawsuits throughout the federal court system. JPML Hearing As...
  • 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...
  • 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...
  • 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...
  • Magistrate Recommends Certification of Some Classes in Amazon Wage Lawsuit
    Jul-15-21 Sacramento, CA On June 8, U.S. Magistrate Judge Barbara A. McAuliffe recommended that the Eastern District of California certify several classes of plaintiffs in Trevino v. Golden State FC LLC . In Trevino, workers at various Amazon fulfillment centers alleged that the internet retail giant had violated the California Labor Code  by failing t...
  • Pilgrim’s Pride Settles Out of “Wage-Fixing” Lawsuit
    Jul-12-21 Baltimore, MD Pilgrim’s Pride Group, one of many poultry processors/defendants, has agreed to settle out of Jien v. Perdue Farms Inc. for $29 million and an agreement to cooperate against the remaining defendants. Rather than proceeding as an unpaid wages claim , Jien was brought as an antitrust case under the Sherman Act . The Sherman Act prohib...
  • Syngenta Sues Insurers to Mount Defense, Pay Excess Claims
    Jun-30-21 Wilmington, DE On May 17 Syngenta, the manufacturer and distributor of paraquat-based herbicides , filed a lawsuit in the Superior Court of the State of Delaware seeking a declaratory judgment that would compel nearly 100 insurers to undertake Syngenta’s defense in the growing number of product-based personal injury lawsuits. The underlying lawsuits...
  • Ninth Circuit Reverses $102 Million Wage Penalty against Walmart
    Jun-24-21 San Francisco, CA On May 28, the Ninth Circuit reversed a decision by the Northern District of California that had required Walmart to pay $102 million in penalties for violations of the California Labor Code. The Ninth Circuit’s decision in Roderick Magadia v. Wal-Mart Associates was a blow to thousands of Walmart workers. It may also have sig...
  • Air Force Veteran Files Kidney Cancer Lawsuit Citing Firefighting Foam
    Jun-22-21 Charleston, SC  On May 26, Jeffrey Clark filed a lawsuit against 3M and a host of other corporate defendants citing his exposure to perfluoroalkyl and polyfluoroalkyl (PFAS/PFOA) firefighting foams as the likely cause of his kidney cancer. Clark v. 3M Company will be consolidated for pre-trial proceedings into the Multidistrict Litigation now cur...
  • Goodbye to Glyphosate?
    Jun-18-21 San Francisco, CA  In the wake of the Northern District of California’s rejection of a proposed settlement that would have limited Monsanto’s future liability for glyphosate lawsuits, Monsanto has announced that it will reconsider reformulating Roundup products marketed for residential use. Bayer AG has looked to limit its potential fina...
  • Participants Sue Bronson Healthcare Plan over Inclusion of Fidelity Freedom Fund
    Jun-14-21 Kalamazoo, MI On May 6, Susan Gleason and Candi Gabrielse filed a class action ERISA lawsuit  against Bronson Healthcare Group Inc. in the Western District of Michigan. Gleason v. Bronson Healthcare is an example of increasingly distinctive subtype of breach of fiduciary duty lawsuits that focus on the relative cost and performance of two Fidelit...
  • 3M Earplugs Bellwether Trial: So far a Draw
    Jun-10-21 Pensacola, FL The second 3M earplug lawsuit  ended with a win for the defense.  The Combat Arms Earplug manufacturer lost the first bellwether trial that ended with a $7.1 million win for veterans. Now, hundreds of thousands of victims with hearing loss allegedly from defective earplugs await the third and final trial on June 7th in Pensacola. ...
  • 3M Earplug Bellwether Trials: 1 For 3M, 1 for Plaintiffs
    Jun-1-21 Pensacola, FL  The second bellwether case of three found a Florida jury siding with 3M Co., which is the company’s first win in federal court. 3M allegedly sold defective earplugs to veterans but claims in its defense that the military is responsible for the design and delivery of the earplugs. This trial involves an estimated 240,000 total se...
  • ERISA Lawsuit against the University of Miami Cites Excessive Fees
    May-17-21 Miami, FL   On April 5, the four named plaintiffs in Santiago v. University of Miami asked the Southern District of Florida to certify a class of roughly 16,000 beneficiaries of and participants in the University of Miami Savings Plan. Their ERISA lawsuit alleges that the University breached its duties of loyalty and prudence by permitting the Plan...
  • Cannabis Unpaid Wages Lawsuit Pushes Policy
    May-13-21 Denver, CO  On April 27, the federal District Court for the District of Colorado granted conditional certification to a class of plaintiffs who brought unpaid wage claims against Helix TCS, a cannabis security company. The defendant employer began almost immediately to try to mitigate the financial impact that a successful collective action lawsuit...
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