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  • KImberly-Clark 401k ERISA lawsuit Alleges Excessive Costs
    May-10-21 Dallas, TX On April 15, two participants in the Kimberly-Clark Corporation 401(k) & Profit Sharing Plan filed a class action ERISA lawsuit  in the federal District Court for the Northern District of Texas. Seidner v. Kimberly-Clark Corp. alleges that plan fiduciaries violated ERISA by failing to monitor plan administrative expenses, thus wastin...
  • Boston Scientific Vaginal Mesh Settlement and More Abdominal Mesh Lawsuits Filed
    Apr-23-21 Washington, DC Boston Scientific will pay $188.6 million to resolve transvaginal mesh lawsuits in 47 states and the District of Columbia. This means that tens of thousands of women who have been injured by vaginal mesh implants will qualify for some restitution. The multi-state lawsuit accused the medical device manufacturer of failing to disclose the...
  • Did Detroit Edison Mislead Retirees about Benefits?
    Apr-13-21 Cincinnati, OH  On March 23, the Sixth Circuit revived an ERISA lawsuit that alleges that Detroit Edison Co. misled plan participants about the benefits they could expect at retirement when the plan design was changed in 2002. The Appeals Court’s decision in Nolan v. Detroit Edison Co. gives the participants a fresh opportunity to show tha...
  • Insufficient Funds Charges Threaten Small-Balance Accountholders
    Mar-31-21 Albany, NY Excessive bank fees that are based on insufficient funds (NSF) charges may pose a greater threat to checking accountholders than overdraft fees. Recent lawsuits recognize that, without protections based largely in state contract law, consumers have little protection from NSF fees that result when checks or electronic payments that are presente...
  • Employer Must Pay Attorney for Secret Settlement
    Mar-7-21 Los Angeles, CA Former motel employee William Hang filed a wage and hour lawsuit against his employer, but when Hang’s attorney sought the employer’s payment and obtained a default judgment of $255,000, he discovered that the employer had coerced Hang into a substantially less settlement: $20,000 cash. Litigation in this case is rather con...
  • Ninth Circuit Sends "High-Tech Debt Trap" Lawsuit to Arbitration
    Feb-27-21 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 charg...
  • San Diego to Pay $3.4 Million to Settle Firefighters’ Overtime Claims
    Feb-26-21 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 Stand...
  • Bayer’s $2billion deal to finalize future Monsanto Claims
    Feb-22-21 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. The $2 billion settlement will be provided by Bayer over four years as compens...
  • Proton Pump Inhibitor Maker Facing Wrongful Death Lawsuit
    Feb-18-21 Las Vegas, NV Proton Pump Inhibitor (PPI) manufacturers and distributors AstraZeneca and Merck are facing a wrongful death lawsuit alleging the side effects of Nexium caused stomach cancer, which lead to death. PPI Wrongful Death On February 1, 2021 Mario DeSouza filed a “Short-Form” complaint over his wife’s wrongful death in the...
  • California “New” Hero Pay for Grocery Workers Backfires
    Feb-10-21 Los Angeles, CA Another Hero Pay wage hike, this time local government-mandated pay, requires that grocery companies with over 300 employees increase California hourly wages  an extra $4 per hour. The salary boost is meant to compensate grocery store workers for the dangers they face during the coronavirus pandemic. However, it seems to have backfire...
  • Whittling Down PPI Cases for Bellwether Trials
    Jan-29-21 New Jersey  If all goes according to Judge Cecchi’s plan, the pool of Proton Pump Inhibitor drugs (PPI) cases will have whittled down to six only – from a total of 32 potential bellwether cases by the end of January. The first bellwether trial is expected to begin on November 15, 2021 (initially set for September) with additional tria...
  • Forever Waiting for EPA’s Limits on PFAS “Forever Chemicals”
    Jan-27-21 Washington, DC  The EPA on January 19, 2021 finally announced two preliminary actions toward regulating “forever chemicals” in Americans’ drinking water. These toxic chemicals include PFAS, which do not break down in the environment. They are linked to serious health issues, including cancer, reproductive and developmental harm, and...
  • California Poultry Processor Slapped with TRO
    Jan-26-21 Merced County, CA  On December 23, the Superior Court of California, Merced County ordered Foster Poultry Farms, a chicken processing plant, to  comply with federal and California workplace safety protocols at its Livingston facility. The California labor lawsuit , brought by the United Farm Workers and two workers at the plant, details a persist...
  • California Coronavirus Litigation—Amazon Evades Attorney General: A TimeLine
    Jan-21-21 Sacramento, CA California's Attorney General slapped a lawsuit on Amazon, alleging the company refused to provide information about its coronavirus safety protocols and potential outbreaks, adding to the wave of coronavirus litigation nationwide and violating the California labor code . Amazon Won’t Comply with COVID-19 Information Califor...
  • Walgreens Wages and Waste Settlements
    Jan-19-21 Glendale, CA Walgreens employees recently settled a California labor lawsuit , filed by a former worker who claimed the huge nationwide retail pharmacy failed to pay him and other employees for all hours worked. Around the same time, Walgreens settled another lawsuit alleging it improperly disposed of hazardous waste and mishandled customers’ record...
  • Motion Picture Industry ERISA Plan under the Bright, Hot Lights
    Jan-18-21 Los Angeles, CA  On October 7, Patricia Klawonn filed an ERISA lawsuit  against the Board of Directors for the Motion Picture Industry Pension Plans in the District Court for the Central District of California. The lawsuit alleges that The Board breached its fiduciary duty under ERISA, citing as evidence “abysmal returns [that] are the pro...
  • SAG-AFTRA Health Plan Dumps Oldest Participants
    Jan-8-21 Los Angeles, CA On December 1, 91-year-old actor Ed Asner and nine other participants in the Screen Actors Guild-Producers Health Plan filed a class action ERISA lawsuit against the SAG-AFTRA Health Fund and Trustees of the Plan. The early coverage of the lawsuit focuses on what appears to be age discrimination against veteran actors, many of whom s...
  • “Abysmal” or “Too Conservative”? Supermarket ERISA Lawsuit to Settle for $17.5 Million
    Dec-14-20 Boston, MA   Toomey v. DeMoulas Super Markets, Inc. , a class action ERISA lawsuit  filed in the Massachusetts District Court in 2019, will settle for $17.5 million and prospective changes to the plan’s investment strategy, pending the court’s final approval in April 2021. While ERISA industry advisors have characterized the DeMoul...
  • Rothenberg Ventures Management Employees Sue for Back Wages
    Dec-11-20 San Francisco, CA  In 2016, Katie Fanelli filed a lawsuit in the Superior Court of California for the County of San Francisco alleging that her employer, Rothenberg Ventures Management Co., violated California state labor law by failing to pay workers overtime and stiffing them of their final paychecks when the company laid them off. As of November,...
  • What to Expect in Zantac Cancer Lawsuits for 2021 and Beyond
    Dec-8-20 West Palm Beach, FL As 2020 draws to a close, the toll of death and injury from Zantac-related cancers continues to rise, as do the number of Zantac cancer lawsuits . Meanwhile, In Re: Zantac (Ranitidine) Products Liability Litigation , the multidistrict litigation into which many of the individual lawsuits have been consolidated, grinds on without muc...
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