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  • Nurses Overtime, Wage and Hour Lawsuit News and Legal Information
    Although there is a professional exemption for California overtime wages, registered nurses are non-exempt employees--which means overtime rules apply to them–unless they meet requirements of the white-collar exemption. Wage and hour attorneys believe that nurses can be subject to a variety of labor law violations. With few exceptions, to b...
  • Birth Injury and Birth Defect Lawsuit News and Legal Information
    Birth Defects can result from different factors, including environmental toxins, drug side effects and negligence. Tragically, birth defects can also result in wrongful death. Sadly, more than 150,000 children in the U.S. are born with birth defects. When a child is born with a birth defect or later diagnosed with a functional birth defect, paren...
  • 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...
  • J&J Talc Plaintiffs: It Pays to Persevere
    Jun-25-21 Washington, DC Twenty women who sued Johnson and Johnson, claiming its baby powder was key in their ovarian cancers, stuck to their guns: the U.S. Supreme Court won’t overturn a $2.1 billion against J&J, which was cut from a 2018 Missouri Court verdict of $4.7 billion. These women persevered through an exhaustive and harrowing court battle incl...
  • 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...
  • Nike to Settle Bag Check Lawsuit for $8.25 Million
    Jun-16-21 San Francisco, CA Sneaker giant Nike seems poised to settle a long-running California labor lawsuit for $8.25 million. Rodriguez v. Nike Retail Services Inc. has a history that reflects one of the more significant developments in California labor law since 2018. But settlements do little to predict the future for California workers who continue to h...
  • 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...
  • No Surprises Act to Eliminate ER Overcharges?
    Jun-15-21 Santa Clara, CA Although the “No Surprises Act” will be in effect January 1, 2022, the first regulations are slated for July 2021. If all goes according to plan, patients to emergency rooms will no longer be hit with outrageous ER overcharges or receive surprise bills in the mail, mainly due to out of network treatment. According to Law36...
  • Ecolab to Settle Overtime Lawsuit for $2.55 Million
    Jun-11-21 San Francisco, CA Parties have asked the Northern District of California to approve an agreement to settle unpaid wages claims against Ecolab. If approved as expected, the settlement would end a lawsuit in which employees claim  that they were misclassified as salaried workers and consequently deprived of overtime, double time and unpaid rest perio...
  • California Supreme Court to Rule on Rest and Meal Premium Payments
    Jun-8-21 Los Angeles, CA On May 18, the California Supreme Court heard arguments about what the phrase “regular rate of compensation” means for the purpose of calculating premium payments that must be paid when employers fail to offer meal and rest breaks as required by the California Labor Code . More specifically, the questions are: Does the phrase &...
  • Kaiser Permanente settles two race discrimination class-action lawsuits totaling $18.9 million
    Jun-4-21 San Francisco, CA After more than two years of negotiations, Kaiser Permanente has settled two class action lawsuits claiming that it discriminated against employees on the basis of race and in violation of the  California Labor law . In the first settlement, plaintiffs accused the health care giant of passing black workers over for promotion and b...
  • 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. ...
  • Retiro del mercado del calentador de agua sin tanque defectuoso
    El 21 de febrero de 2007, el Comité Estadounidense de Seguridad de Productos de Consumo, en conjunto con CSA International, Rheem Manufacturing Company (Rheem) y Paloma Industries, Inc., anunció un retiro voluntario para reparar más de 42.000 calentadores de agua sin tanque y con ventilación. Los calentadores pueden presentar rie...
  • In-N-Out Burger Accused of California Labor Violations
    Jun-7-21 Los Angeles, CA A former employee of In-N-Out Burger accuses the fast food restaurant chain of numerous California Labor Code violations , and unfair business practices, from COVID protocol failure to retaliation for whistleblowing. Luis Becerra is seeking to represent current and former In-N-Out employees dating back to January 2020. Former In-N-Out b...
  • Recent Studies Show Other Side Effects, including certain Cancers, with Long-term PPI Use
    Jun-3-21 Santa Clara, CA For more than a decade, studies have shown that proton pump inhibitors (PPIs) are associated with serious side effects, including kidney failure and other injuries. Researchers now add to “other” injuries biliary track cancer, gallbladder cancer and cholecystitis (inflammation of the gallbladder) and might be carcinogenic...
  • Abdominal Mesh Surgery Destroys Life, say patients in the U.S. and Scotland
    May-27-21 Lancaster, SC Ruth underwent three abdominal mesh surgeries in the last few years, all of them unsuccessful. She now lives with an ugly scar and constant pain. She replaced her addiction to prescription painkillers with Suboxone (prevents painful addiction withdrawal) and trips to the emergency room with visits to the addiction center.  Steve (no...
  • 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...
  • One Fair Wage Slams Darden Restaurants’ Wage Practices
    May-24-21 Oakland, CA One Fair Wage (OFW), a national advocacy organization, filed a lawsuit in the Northern District of California that challenges Darden Restaurants’ policy requiring payment of the lowest legally permissible wages to servers and other employees who receive tips. Under California prevailing wage law employers of 25 or fewer workers, including...
  • California Lawsuit: Paraquat Caused Parkinson’s disease
    May-25-21 San Francisco, CA On April 2, Russell Denes filed a personal injury Paraquat lawsuit  in the Northern District of California, alleging that his Parkinson’s disease was caused by his decades’ long, low-dose exposure to Paraquat. Denes, a certified pesticide applicator, allegedly used the herbicide according to safety regulations, and was awa...
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