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  • Monsanto Glyphosate Lawsuit: Expert Testimony Deemed Credible Enough for Trial
    Aug-8-18 San Francisco, CA Roundup Weed Killer has been used by homeowners, schools, gardeners, and farmers since its development in the 1970s. Its usage has increased exponentially since the 1990s when genetically modified organisms (GMOs) were developed that can survive heavy applications of Roundup, enabling farmers to kill all types of weeds but not the desired...
  • Invesco Accused of Treating ERISA Plan Participants as Captive Investors
    Jun-13-18 Atlanta, GA On May 24,2018, participants in the Invesco 401(k) Plan filed an ERISA lawsuit in the Northern District of Georgia. The ERISA lawsuit contends that Invesco, Ltd. profited from the ERISA plan it offered to employees. The situation is rife with potential conflicts of interest because the employer, a plan fiduciary, is also an investment ma...
  • The Recalled Fetch 2 Aspiration Catheter Received FDA 510(k) Clearance
    Oct-8-17 Washington, DC: When the Fetch 2 Aspiration Catheter was originally launched by Bayer Medical Care Inc., (Bayer), there was no shortage of platitudes which, sometime later presented as a stark contrast to the eventual global recall that resulted in many a lawsuit amidst allegations of defective catheters causing injury . “Why Use Fetch 2 Aspirati...
  • Nurses Seek Class Action in Overtime Pay Lawsuit against CareMeridian
    Oct-5-17 Fresno, CA: On September 6, 2017, McKenzie Erwin, a registered nurse, filed a lawsuit on behalf of herself and a class of similarly situated non-exempt employees against CareMeridian, LLC (CareMeridian)and Mentor Management, Inc. (Mentor), a related company. The defendants in the unpaid overtime  lawsuit operate skilled nursing facilities in Ca...
  • Children Infected by Stockert 3T Surgical Device at New Orleans Children’s Hospital
    Sep-18-17 New Orleans, LA: . Officials at Children’s Hospital in New Orleans have acknowledged  that a dozen children were infected with mycobacterium abscessus following heart surgery during June and July of this year. Hospital officials fear that more cases may still appear. The source of the infections appears to be a contaminated Stockert 3-T heater...
  • Cash America Pawn Managers Deserve Overtime, Too
    Sep-25-18 Memphis, TN: Misclassifying store managers and assistant managers as exempt to avoid paying overtime is pervasive, particularly in the retail industry. Increasingly, however, employees such as managers at Cash America Pawn are understanding their rights and employers should understand that the potential consequences can be costly. Some retail employer...
  • California Donning and Doffing on the Clock?
    Sep-26-18 Sacramento, CA: Workers in California, from farm harvesters to computer technicians, can’t come to terms with the California labor law regarding donning and doffing—putting on and taking off employer-mandated uniforms, clothing and safety gear, even though a number of donning and doffing lawsuits have settled in favor of the employee. The employer a...
  • Takata Airbag Recall Heating Up
    Jun-19-18 Los Angeles, CA: The chances of a defective Takata airbag exploding and firing metal shards at you, even in a minor fender bender, increase with rising temperatures. But the National Highway Traffic Safety Administration (NHTSA) says many people driving unsafe cars, including Honda, Ford and Mazda, haven’t grasped the recall’s urgency. Southern Cal...
  • Invokana Amputation Lawsuits Cite Consumer Advertising
    Dec-22-17 Trenton, NJ: The pleasant-looking man looks into the camera and tells us that taking Invokana “may also help you lose a little weight.” Big problem. The FDA has not approved Invokana for weight-loss. The drug has had a rocky history since its approval in 2013, and a recent FDA warning cites the danger of Invokana leg and foot amputations...
  • Taxotere Hair Loss Does Additional Harm to Breast Cancer Survivors
    Nov-12-17 Washington, DC: It’s there – like a sub audible hum – underneath Sanofi-Aventis’s decision not to disclose the risk of permanent Taxotere hair loss . It will certainly be there, underpinning the drug manufacturer’s offers to settle the lawsuits according to National Trial Lawyers . The effort to minimize the harm that T...
  • New California Ruling Easy as 'ABC' to Determine Employee or Independent Contractor?
    May-10-18 Los Angeles, CA: California courts have been debating, defining and determining employment status—whether a worker is an employee or independent contractor-- since 1989. Misclassification has always been a gray area, despite California labor law holding for three decades the “Borello” standard. As of April 30, however, the new and mor...
  • New Jersey Win for Johnson & Johnson and Los Angeles Mistrials in Asbestos –Mesothelioma Cancer Talc Trials
    Oct-17-18 Los Angeles, CA Within two weeks of each other, two juries in California failed to reach a verdict on the same issues regarding asbestos-talc claims , resulting in two mistrials. Nine votes are needed for a verdict on claims that J&J was guilty of negligence, failure to warn about the risk of asbestos and marketing defective products. On Sept 24, the sixt...
  • Truckers Hauling to Trial Against J.B. Hunt for Alleged Wage and Hour Violations
    Jul-20-18 Los Angeles, CA A group of 11,000 truck drivers filed a California unpaid wages lawsuit back in 2009, alleging that one of the largest trucking and logistics companies in the United States violated California wage law. The parties fought about whether California state law was pre-empted by the more industry friendly federal law. In a victory for the truc...
  • Liberty Mutual Administrator Must Consider Evidence of 'Broken Heart'
    Mar-13-18 Youngstown, OH Shelley Westfall and her son both worked at the same WalMart distribution center. Her son died while working there, and Shelley could not bring herself to go back to work at that location. When her long term disability benefits were discontinued, she filed a lawsuit alleging that her denied disability appeal had been wrongly decided beca...
  • Burn Pit Lawsuit Shows How Hard it is to Sue Military Contractors
    Sep-25-17 Baltimore, MD: The US District Court’s dismissal of the multidistrict litigation, In re: KBR, Inc., Burn Pit Litigation is about more than Iraq and Afghanistan burn pits . The exhaustive opinion demonstrates why it is so hard for veterans and their families to sue military contractors when they are hurt because contractors fail to exercise ap...
  • Are Tutors Independent Contractors or Employees Under the California Labor Code?
    Sep-6-18 San Francisco, CA: The education company General Assembly agreed to pay $1million to settle an overtime lawsuit brought by two former full-time tutors ( education instructors) who taught at the company’s San Francisco campus. This California labor law settlement may have implications for similar companies that hire independent contractors to work in th...
  • Cook Celect IVC Filter Lawsuit Goes to Trial
    Oct-9-17 Indianapolis, IN: On October 23, 2017, Hill v. Cook Medical, Inc., et al , 1:14-cv-6016 will go to trial in the US District Court for the Southern District of Indiana. This will be the first  of three IVC filter lawsuits  to be heard in the brewing multidistrict litigation (MDL) against Cook Medical, Inc. That MDL now includes approximate...
  • Temp Worker Seeks Class Action Status for California Labor Lawsuit
    May-3-18 Fremont, CA: Since the California Supreme Court issued its precedential California labor law decision in Brinker v. Superior Court of San Diego County , there have been a number of lawsuits alleging violations of California state labor laws for meal and rest break violations. Now, a woman who was hired by Tesla to work in its Fremont, California f...
  • Ninth Circuit Champions Wrongly Denied Disability Claimant
    Jun-8-18 Los Angeles, CA In Bowlin v. The Prudential Life Insurance Company of America , the United States District Court for the Central District of California overruled Prudential’s decision to deny long term disability benefits to a worker who gave evidence of many physical and psychological ailments. Bowlin is something of a rarity in long term deni...
  • Denied Disability Claimant Wins when Administrator Blows Deadline
    Jan-10-18 San Jose, CA Employers can change the terms of their long-term disability plans whenever they want. Those changes often affect what employees must show to make a disability claim , and they rarely make it easy to collect. Plans usually apply changed provisions even to employees who are already receiving benefits. They often lose those payments. But when...
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