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  • Unum’s Denial of Opioid Overdose Deaths
    Nov-15-18 New Orleans, LA : The giant insurance company Unum—also known as First Unum -- typically denies accidental death benefits (as do most other life insurance companies) by excluding in their policy coverage for deaths related to prescription overdose or for medical or surgical treatment of a sickness or disease. But Unum’s denial didn’t sway Judge Ma...
  • Not Too Late for Transvaginal Mesh Lawsuit
    Dec-14-17 Dallas, TX: The US Federal Drug Administration (FDA) first raised serious questions about the safety and effectiveness of transvaginal mesh implants in 2008. Much has happened since then -- studies and recalls and thousands of lawsuits. But women still suffer serious and painful pelvic mesh complications, which may take years to manifest. Accordin...
  • Home Depot Employees File ERISA Class Action Lawsuit over 401(k) Mismanagement
    May-9-18 Atlanta, GA On April 12, 2018, two Home Depot 401(k) plan participants, Jaime Pizarro and Craig Smith, filed an ERISA lawsuit in the U.S. District Court of the Northern District of Georgia. The complaint alleges that The Home Depot breached its duty to Plan participants in three ways: by choosing poorly-performing investment options, allowing inve...
  • Big Law Employee Sues Unum Group for Denial of Benefits
    Jun-22-18 Greeneville, TN: On May 14, 2018, Janet Mitchell, a former employee of the mega law firm Jones Day, filed a lawsuit against both Unum and Jones Day in a Tennessee Federal Court. Mitchell states that she suffers from a constellation of health conditions that prevent her from being able to work, including coronary artery disease, fibromyalgia, osteoarthritis...
  • Surveillance Sinks Liberty Mutual Long Term Denied Disability Lawsuits
    Jul-12-18 Boston, MA Fifty minutes and fifty-eight seconds of video showed Donna Cusson walking her dog, shopping, and eating in a restaurant. That was enough to doom her long term denied disability lawsuit against Liberty Mutual. It is an eight-year old case , so some things have changed -- not the fact of surveillance in LTD cases, though. And now it’s not...
  • Exploding Airbags Cause Chemical Burns
    Dec-6-17 Washington, DC While many exploding airbag lawsuits focus on the harm caused by flying shrapnel, it is also important to be aware of the risk of high temperature chemical burns. Airbags are filled with sodium hydroxide that becomes an aerosol during deployment. If the airbag is improperly vented or filtered, the gas can cause serious chemical burns, in...
  • $417 Jury Verdict Tossed in California J&J Ovarian Cancer Lawsuit
    Oct-23-17 Los Angeles, CA: Another multi-million dollar jury verdict awarded to a woman who alleged she developed ovarian cancer from using Johnson & Johnson Baby Powder has been tossed by a California Judge. The ruling, by Los Angeles Superior Court Judge Maren Nelson, reverses the $417 million verdict against J&J which was awarded to California res...
  • Indiana Woman Wins $35 Million in Johnson & Johnson Transvaginal Mesh Lawsuit
    Mar-18-18 Chicago, IL On the advice of her doctor, Barbara Kaiser had Prolift pelvic mesh implanted in 2009 to treat her pelvic organ prolapse. She then began to suffer from low pelvic pain. It was only years later that she learned that this was likely a transvaginal mesh complication. Her doctor never told her about this and he, himself, claims to have not been...
  • MetLife Refuses to Disclose Background Claim Processing Principles
    Jun-28-18 Jacksonville, FL: On April, 20, 2018, the United States District Court for the Middle District of Florida denied a Metropolitan Life benefit claimant the right to see the company’s internal claim processing guidelines. Perera v. Metropolitan Life Insurance Company actually relates to death benefits, but it relies heavily on an earlier decision in a...
  • Johnson & Johnson Wins First Mesothelioma Trial
    Nov-28-17 Pasadena, CA: On November 16, 2017, a jury in Los Angeles Superior Court rejected Tina Herford’s argument that Johnson & Johnson’s Baby Powder and Shower to Shower talc products caused her mesothelioma. Her lawyer remains sanguine: “J&J is still selling contaminated baby powder. It is a matter of time before juries begin hold...
  • MB Financial Facing Lawsuit re $6,000 in Overdraft Fees
    Apr-30-18 Chicago, IL MB Financial dinged Rhonda Boone for a truly jaw-dropping $6,000 in bank overdraft fees between 2015 and 2017. That was 18 percent of her total income for those years. On March 12, 2018 she filed a lawsuit in the Northern District of Illinois seeking class action status on behalf of herself and other similarly situated checking and mon...
  • J.B. Hunt Settles California Labor Lawsuit with Truckers for $15million
    Nov-8-18 Los Angeles, CA More than a decade ago truck drivers filed a California wage lawsuit against J.B. Hunt Transport, an Arkansas trucking company, claiming the company violated California's wages, rest break and meal rules. Since that time, the class action lawsuit has been the subject of recent debates over when – and whether-- federal rules regarding dr...
  • California Labor Law Violation Fired at Fidelity Stands, Typo Goes
    Jun-25-18 Santa Clara, CA: Fidelity Investments tried to wangle out of a proposed class action lawsuit alleging California labor law violations by saying the plaintiff’s employment agreement contained a "typo" and she wasn’t in fact an employee. But Fidelity’s excuse appears to have back-fired. “It is astounding how clearly [Fidelity] held itself out as pl...
  • Second Airbag Recall for Ford and Mazda Trucks
    Jan-2-18 Detroit, MI Ford and Mazda have announced that they will recall hundreds of thousands of 2004 to 2006 Ford Ranger and Mazda B-Series trucks made by Ford. The second round of airbag recalls affects vehicles that were previously recalled in 2015 and 2016 for a temporary replacement of faulty airbag inflator mechanism. Takata airbags have been linked...
  • Tesla Hit with Racial Discrimination Class Action Lawsuit
    Nov-29-17 Oakland, CA: The complaint , filed on November 13, 2017 in the Superior Court for the State of California, Alameda County describes Tesla Motors, Inc. as a “hotbed” of racism and alleges multiple violations of California labor law . This is the third racial discrimination lawsuit to be filed against Tesla this year and the first to seek c...
  • Second Recall for Mitsubishi Airbags
    Oct-20-17 Detroit, MI Effective October 22, 2017 Mitsubishi will recall 66,000 Lancer and Lancer Evolution vehicles manufactured between 2004 and 2006. It is the second time these models have been recalled to replace faulty Takata front passenger side airbag  inflators. The first recall occurred in 2015 as part of an ongoing effort to prevent airbag in...
  • Kmart settles healthcare fraud lawsuit for $32.3 million
    Jan-20-18 Washington, DC The Department of Justice announced that Kmart Corporation has agreed to pay $32.3 million ($59 million including state law issues) to settle a lawsuit that claims in-store pharmacies overbilled Medicare Part D, Medicaid, and TRICARE. The healthcare fraud scheme, which a Kmart pharmacist stumbled upon only when he had his own presc...
  • Lanzo Talcum Powder Mesothelioma Toxic Tort Trial Opens in New Jersey
    Jan-22-18 New Brunswick, NJ Next week the New Jersey Superior Court will hear opening arguments in Lanzo v. Cyprus Amex Minerals Co , the second Johnson & Johnson talcum powder mesothelioma case to go to trial. The first toxic tort lawsuit to allege a link between J&J’s talcum powder products and mesothelioma ended in a win for J&J. Another ca...
  • Did FDA Fast-Track Contribute to IVC Filter Injuries?
    Nov-10-17 Washington, DC: While we wait for the bellwether trials to proceed in the Cook IVC Filter Litigation MDL and the Bard IVC Filters MDL , maybe it’s time to have a conversation about root causes. How did we end up in late 2017 with more than 2,000 pending IVC filter lawsuits ? One thing these IVC filter injury cases have in common is this:...
  • Credit Union Lawsuit Cites Excessive Overdraft Fees
    Jun-20-18 Madison, WI: In March 2018, Matthew Domann filed a class action lawsuit against Summit Credit Union alleging that since 2010, SCU has wrongfully charged overdraft fees to checking account customers throughout Wisconsin. The credit union lawsuit details a practice of placing “holds” on pending debit card transactions and deposits to artificially d...
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