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  • 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...
  • Fidelity Faces Self-Dealing Lawsuit over 401(k) Plan Mismanagement
    Oct-18-18 Boston, MA On October 10, 2018, participants in the Fidelity Retirement Savings Plan filed a class action ERISA pension plan lawsuit against the Plan’s fiduciaries. The Complaint alleges that the Plan fiduciaries breached their duties under ERISA, thus harming the Plan and its participants and beneficiaries. This is another in a recent spate of la...
  • California Independent Contractor Rules Collapse in Confusion
    Nov-24-18 San Diego, CA In 2015 Jesus Cuitlahuac Garcia, a taxi driver, filed a California unpaid wages lawsuit against Border Transportation Group (BTG) claiming unpaid wages, wrongful termination and a variety of related labor law violations. In October 2018, the California Court of Appeal, Fourth Appellate District handed Mr. Garcia an apparently empty vic...
  • Unum: the Gift of Giving and Taking Away
    Dec-6-18 Chicago, IL: Yet another lawsuit was filed in November against First Unum for allegedly denying long-term disability benefits. In the same month, Unum announced to the media that it had donated $300,000 to a high-school girls’ leadership program. Along with this charitable announcement, policy holders who have been denied disability benefits or wrongf...
  • Google Employee Tagged as “Too Old” May Yet Have the Last Word
    Oct-23-18 San Jose, CA Cheryl Fillekes’s age discrimination lawsuit against Google alleges violations of the federal Age Discrimination in Employment Act (ADEA) and corresponding provisions of California labor law , the Fair Housing and Employment Discrimination Act (FEHA). Having cleared the hurdle of class action certification, it now appears poised to settle. ...
  • California Court Saves Class Action Wage Claims from Forced Arbitration
    Sep-7-18 San Francisco, CA On August 14, 2018, the California Court of Appeals preserved a worker’s right to bring a class action wage lawsuit against Robert Half International (RHI). RHI tried to force Jessica Gentry to arbitrate, alone, her claim that she was cheated out of pay for the time she spent prepping for assignments. The California Labor Code requi...
  • Anthem Denials of Emergency Room CT Scans and MRIs; Patients Sent to Clinics
    Aug-6-18 Washington, DC In July 2018, the American College of Emergency Physicians filed an insurance lawsuit against Anthem Blue Cross Blue Shield over the insurer’s new policy of denying emergency room coverage after the fact. As a subpart of the strategy, Anthem refuses claims for in-hospital CT scans and MRIs ordered in the course of emergency diagnosis and...
  • Digital Federal Credit Union Snared in Excessive Overdraft Fees Lawsuit
    Oct-3-18 Boston, MA The allegations in the latest excessive overdraft fees lawsuit against Digital Federal Credit Union (DFCU) may seem familiar by now. It is about two different ways of calculating an account balance – one which the consumer saw, and the other, lower number, which DFCU kept much closer to the vest. Similar lawsuits have been filed against L...
  • Anthem Refuses to Cover Emergency Room Care After the Fact
    Jul-18-18 Sacramento, CA Anthem Blue Cross Blue Shield denies emergency room coverage for patients whose symptoms later prove to have been non-life threatening. This has been a long-standing practice, but it is now official policy in six states. Are California patients protected under California insurance law ? It’s not entirely clear, but the lawsuits are b...
  • Aon Hewitt Named (again) in Double-Dealing Retirement Plan Lawsuit
    Jul-9-18 Charlotte, NC In April 2018, Benjamin Reetz filed a class action ERISA lawsuit on behalf of himself and other participants in the Lowe’s 401(k) Plan. The lawsuit claims that Aon Hewitt, the plan’s investment advisor, lined its pockets by recommending one of its own poorly performing investment funds. Lowe’s then fell down on the job by failing to c...
  • Los Angeles Sweatshops Cited for Wage and Hour Violations
    Oct-14-18 Los Angeles, CA In early September 2018, the California Labor Commissioner’s Office fined six garment contractors a total of $573,704 for labor law violations after uncovering a scheme where the contractors operated illegally under one license to avoid complying with California wage and hour laws. But what happens to the workers? Garment workers mak...
  • 401(k) Lawsuit Continues against Franklin Templeton
    Oct-15-18 San Francisco, CA An ERISA pension plan lawsuit has survived numerous procedural challenges and will proceed as a class action against investment manager Franklin Templeton. Fernandez v. Franklin Resources Inc. claims that the fiduciaries in charge of managing the Franklin Templeton 401(k) Plan breached their duty to plan participants by causing...
  • Are PPIs Especially Dangerous for Women?
    Dec-1-17 Washington, DC: The long-term use of drugs classed as proton pump inhibitors or PPIs , and marketed variously as Prevacid, Prilosec or Nexium, is dangerous for many reasons. Kidney damage, the focus of recently consolidated multidistrict litigation , is not the only problem. Long-term PPI use has also been associated with bone fractures and dementi...
  • Exotic Dancers Bring California Labor Lawsuit to Recover Back Wages
    Sep-18-18 Santa Ana, CA By a July 18, 2018 Order , the Superior Court of Orange County ruled that the new Dynamex “ABC” test for determining whether workers are employees or independent contractors should be applied retroactively. The decision in Dynamex v. Superior Court of Los Angeles County was already expected to have far reaching consequences...
  • Trunk Club Settles California Unpaid Wages Lawsuit for $1.75 Million
    Sep-21-18 Los Angeles, CA The District Court for the Central District of California has approved an agreement under which Trunk Club, Inc., a Nordstrom-owned personal styling service, will pay $1.75 million to settle a class action California unpaid wages lawsuit . The settlement amount will be divided among 3,000 stylists located throughout the country. Unpa...
  • New California Class Action Lawsuit Targets Deceptive Bank Fees
    Sep-11-18 San Diego, CA Bank fees are growing rapidly, and consumers are feeling the pinch. Furthermore, many customers feel that they are somehow being hoodwinked into paying hidden, undisclosed costs. On August 2, 2018, Reyna McGovern filed a class action excessive bank fees lawsuit against U.S. Bank, N.A. (US Bank). Her lawsuit tackles two thorny issues:...
  • Uber Misclassification Issue Now Facing Unfair Competition Lawsuit
    Nov-3-18 Sacramento, CA: Diva Limousine has sued Uber over California labor law violations, alleging state unfair competition. Their lawyers--who filed a motion for partial summary judgement early October—are counting on a California Supreme Court decision making it more difficult for employers to misclassify drivers as independent contractors rather than hourl...
  • CFPB Moves to Protect Students from Overdraft Fees
    Aug-28-18 Washington, DC On July 20, 2018, the Bureau of Consumer Financial Protection (CFPB) offered to settle its claim that TCF National Bank engaged in deceptive practices to market its overdraft protection services. In its bank overdraft fees lawsuit the CFPB alleged that these practices affected students at the University of Minnesota, with which TCF has...
  • H&M Plaintiffs Rely on Starbucks Workers’ Win To Bolster Case
    Aug-19-18 San Francisco, CA When an employee brings a lawsuit alleging that they were not paid for all the time that they were lawfully owed under federal law, employers will frequently raise something called the de minimis doctrine in defense. This doctrine holds that working time that is trivially small, for instance a few seconds or minutes beyond working hours...
  • Amputees’ Fight for Insurance Coverage Focuses on ‘Medical Necessity’ of Microprocessor Prosthetics
    Sep-4-18 Washington, DC Lucky to live, unlucky to lose a foot or a leg, survivors of the Boston Marathon bombing soon found themselves facing the harsh truth of inadequate insurance coverage for their prosthetic care. Years on, the good news is that microprocessor-enhanced artificial limbs have gotten better. The bad news is that insurance companies like Anthem...
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