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  • Forced Arbitration, Stock Drop Disputes and ACA Repeal Loom Large for ERISA Lawsuits in Latter Half of 2019
    Jul-12-19 Washington, DC It’s semiannual prognostication time for ERISA lawsuits , and in our crystal ball, we see a mysterious stranger, great fortune and heartbreak. No, actually, not. But relying on our lesser powers, we suspect that, for the next six months, three issues will loom large. These include the impact of forced arbitration clauses, the future viab...
  • Georgia Court of Appeals Affirms Class Action Status for Excessive Overdraft Fees Lawsuit
    Jun-7-19 Atlanta, GA In 2010, Jeff Bickerstaff Jr. filed a class action excessive overdraft fee lawsuit against SunTrust Bank, claiming that the $36 overdraft fees he paid when he overdrew his checking account violated Georgia state laws limiting interest charges. The Complaint claims that the fees amount to interest rates as high as 1,000 percent. Much has happ...
  • Too Hard to Eat Lunch? – That Cost Wal-Mart $6 Million
    Jun-26-19 Los Angeles, CA Chelsea Hamilton and Alyssa Hernandez brought a class action California labor lawsuit against Wal-Mart, claiming that going through the mandatory security check took so much time and was so intrusive that they were left with less than their legally protected half-hour meal break. Taking feminine hygiene stuff out of their purses was...
  • UCSD Study: Monsanto Roundup Linked to Liver Disease
    Jun-27-19 San Diego, CA A new study , conducted by researchers at the University of California San Diego School of Medicine, suggests an association between glyphosate , the active ingredient in Monsanto’s weed killer Roundup, and nonalcoholic fatty liver disease in human beings. This is new. It is in addition to the link between Roundup and non-Hodgkin lym...
  • Monsanto Roundup: Killer Cocktail?
    Jun-12-19 Oakland, CA The jury in Pilliod v. Monsanto Co heard evidence that was not presented in previous Monsanto glyphosate lawsuits . It may have prompted the record-breaking $2 billion award, and the information may be central to the more than 13,000 Roundup lawsuits still pending. Roundup is more toxic than glyphosate, alone. It may be the combinati...
  • Glasswerks L.A, Inc. to pay $1.3 Million to Settle California Unpaid Wages Lawsuit
    May-7-19 Los Angeles, CA A Los Angeles commercial glass manufacturer has agreed to pay $1.3 million to resolve a class action California unpaid wages lawsuit brought on behalf of workers who claim they were shorted on overtime and meal and rest breaks between 2012 and 2018. Most of the more than 1,000 current and former employees affected will pocket about $8...
  • Did Northrup Grumman Squander ERISA Pension Money?
    Jun-5-19 Los Angeles, CA Marshall v. Northrop Grumman Corp a class action ERISA lawsuit alleges that fiduciaries of the Northrup Grumman Savings Plan (“Plan”) squandered nearly $10 million in employee 401k retirement money through mismanagement that included paying unnecessary administrative fees between 2010 and 2016. The latest twist in this long-runnin...
  • New FLSA Interpretation Would Limit Worker Wage Lawsuits
    Jul-5-19 Washington, DC The Department of Labor has proposed changes in the interpretation of the “joint employer rule.” The rule allows workers, especially in class action wage and hour lawsuits, to reach beyond an immediate employer to seek recovery from a franchisor, corporate parent or other related business entity. If the change goes into effect, it wi...
  • Ninth Circuit Confirms Death of “De Minimus” Rule in California Wage and Hour Lawsuits
    Jul-15-19 San Francisco, CA On June 28, the Ninth Circuit confirmed that, in lawsuits brought under the California Labor Code , even very small amounts of work time – measured in seconds, not minutes – must be counted and compensated. The opinion in Rodriguez v. Nike should put an end to latest employer-driven campaign to revive the federal de minimus s...
  • San Diego Firefighters Exposed to Asbestos at Training Facility
    Jun-11-19 San Diego Until last summer, San Diego firefighters were training in a facility built with asbestos. Because their training activities involving breaching walls and doors, some firefighters were exposed to asbestos for hundreds of hours over two decades. Now almost 1,000 firefighters have filed documents to ensure their right to financial compensation fo...
  • Still No Pay for California Residential Care Workers
    Jun-14-19 Los Angeles, CA Residential care workers can win California unpaid wages lawsuits when they sue their employers for wage theft and other illegal employment practices. That’s the good news. But the bad news is that they are still having trouble getting paid, and the violations of California state labor laws continue. Much has been written about the pli...
  • MRI with Gadolinium – Better to be Safe than Sorry?
    Jun-19-19 Washington, DC: The FDA in December 2017 recommended that repeated use of MRIs with gadolinium contrast dye be minimized wherever possible, and when MRIs are taken closely together in particular. It’s like a Catch-22: an MRI can detect cancer but it can also pose certain risks -- is it better to be safe than sorry? The American Cancer Society recomme...
  • Jolene Provencio stood up for a co-worker. Then Intel drove her out of her job.
    May-27-19 Denver, CO On April 30, 2019, the Tenth Circuit Court of Appeals ended Jolene Provencio’s lawsuit against Intel Corporation. She claimed that she had been retaliated against for participating in an internal discrimination investigation involving a co-worker. It’s a different state and a different judicial circuit, but some of the lessons of Proven...
  • Monsanto Trial: Fake Evidence or Phony Expert?
    May-3-19 Oakland, CA Pilliod v. Monsanto Co., the latest a Monsanto glyphosate lawsuit to go to trial, has focused squarely on the quality of the scientific evidence. Relying on expert testimony, counsel for Alberta and Alva Pilliod has accused Monsanto of outright fraud in securing regulatory approval for Roundup. Counsel for Monsanto has tried to undermin...
  • The FDA Pulls (Most) Vaginal Mesh Products off the Market – Now What?
    May-22-19 Philadelphia, PA: The FDA has finally ordered the last two medical device companies selling transvaginal mesh products to pull them from the market. The agency said it is “committed to patient safety” but hundreds of thousands of women –victims of surgical mesh--would disagree. And the lawsuits are still pouring in. (Not all surgical mesh has been...
  • California Labor Bill AB5 has ride-hailing companies collaborating rather than competing – and waiting on CA Senate vote
    Jun-24-19 Sacramento, CA: Uber and Lyft have become wildly successful, mainly due to classifying their drivers as independent contractors rather than employees, but misclassification is a violation of the California labor law and should the state Senate pass Bill AB5, the gig might be up for them and many other companies whose workers may be re-classified as emplo...
  • $80 Million Verdict in Ethicon Prolift Pelvic Mesh Lawsuit
    Jun-17-19 Philadelphia, PA On May 17, a jury returned an $80 million verdict for Patricia and George Mesigian in their surgical mesh lawsuit against Johnson & Johnson subsidiary Ethicon. The award included $50 million in punitive damages and a record-setting $30 million in compensatory damages. In April, the Food & Drug Administration ordered manufacturers of...
  • Latest ERISA Lawsuit News – 401k Mismanagement Lawsuits Going Strong, New Settlement in Treatment Denial Case
    Apr-26-19 Los Angeles, CA Three ERISA lawsuits – two in the District Court for the Central District of California and two in the Northern District of California – show that ERISA can be a powerful tool to protect workers’ rights. Plan participants who claim that their 401k accounts were mismanaged are on a lawsuit hot streak , and patients who have had c...
  • Merchant Marine Asbestos Cases from 1989 Reinstated
    Apr-29-19 Philadelphia, PA: Back in the late 1980s merchant mariners began filing asbestos mesothelioma lawsuits against ship owner and manufacturing defendants in the Northern District of Ohio. Most of the claims languished in the court system – until April 9, 2019 when a U.S. District Court Appeals for the Third Circuit reinstated two lawsuits filed by the est...
  • Expert in ERISA Lawsuit Stumped by Basic Questions
    May-17-19 New York, NY McCutcheon v. Colgate- Palmolive Co. is a rarity among modern ERISA lawsuits for the simple reason that it deals with a defined benefit retirement plan. In her class action lawsuit , Rebecca McCutcheon claims that her benefit and the benefits of many participants in the Colgate-Palmolive Co. Employees’ Retirement Income Plan (“Plan...
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