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  • Federal Government Discourages Penalties for Nursing Home Abuse Despite Report Calling for More Oversight
    May-24-18 New York, NY: Since 2017, the Trump administration has been rolling back Obama-era rules intended to protect patients from elder care neglect . Since 2016, the Centers for Medicare and Medicaid Services (CMS), part of the Federal Department of Health and Human Services, has been making rules that prevent victims of nursing home injury from bringing civi...
  • Employers can be Liable for California Wage-Hour Violations
    Dec-10-18 Sacramento, CA: Can an individual be held liable for alleged California wage law violations? Yes, according to the California Court of Appeal, which holds that they can be held personally liable for civil penalties, regardless of whether they were the employer or if the employer is a limited liability entity. Further, the Court concluded that private pl...
  • Death by Delay – CFPB Defers Credit Union Overdraft Regulations into Indefinite Future
    May-22-18 Washington, DC On May 10, 2018, the Consumer Financial Protection Bureau (CFPB) quietly scuttled proposed consumer overdraft protection regulations, moving them to the inactive list until some undefined, unknown day in the future when a permanent director is named. Meanwhile, banks and credit unions continue to rake in fees through questionable practic...
  • New Evidence Reopens Scotts Turf Builder Mesothelioma Lawsuit
    Mar-20-18 Trenton, NJ Environmental law has become better at protecting consumers from asbestos exposure in recent decades. But mesothelioma has a very long latency period, sometimes as long as 50 years . The plaintiff’s case in many asbestos mesothelioma lawsuits depends on finding very old samples of the product implicated in exposure. That’s tough...
  • Supreme Court Restricts Class Action Availability for Wage Theft Violations
    Jul-10-18 Washington, DC “Congratulations! Welcome to FillInTheBlank Company! Sign here and ask for Ms. Someone when you come tomorrow.” By the time the intake interview is over, many workers have already signed away their rights to bring class action wage theft lawsuits under federal and California labor law . It matters because wage theft is rampant...
  • Will Monsanto-Sponsored Science Poison RoundUp Lawsuits?
    Jan-15-18 San Francisco, CA: More than 300 Monsanto RoundUp lawsuits have been consolidated into multidistrict litigation in the US District Court for the Northern District of California . Expert testimony about whether glyphosate, the main ingredient in RoundUp, is carcinogenic will begin in early March. Sound like a snooze fest? Au contraire, mon ami. ...
  • Tennessee Minimum Wage Too Low for Many
    Oct-22-18 Nashville, TN: Although the Tennessee economy is doing well with record low unemployment rates, employers in the hospitality industry are having a difficult time attracting workers due to the state’s minimum wage, which is also a common Tennessee labor law issue. Unemployment rates in August improved across most of Tennessee, with 86 of the state’s...
  • Worker Claims Employment Discrimination Based on her Asian Heritage
    Feb-22-18 Los Angeles, CA: Actually, Jennie Lam's California labor lawsuit calls out the owners of the Los Angeles Beverly Hills Four Seasons Hotel for race discrimination, harassment, whistleblower retaliation, age discrimination, wrongful termination and intentional infliction of emotional distress. Beverly Cohen, one of the owners, seems to have been pa...
  • Are Continuous Overdraft Fees Like Illegal Payday Loans?
    Nov-25-17 Honolulu, HI: Many consumer lawsuits over excessive overdraft fees focus on banks’ practice of reordering withdrawals to maximize what they can charge. The argument advanced by Linda Robinson in Robinson v. First Hawaiian Bank is different and relies on state usury laws. This opens new possibilities in the battle between consumers and banks...
  • Minnesota Consumer Sues Capital One over 128 Bill Collector Robocalls to Cellular Phone
    Feb-6-18 Chaska, MN: By the middle of 2017, after more than 128 bill collector harassment calls Kristie Drigger had had enough. She sued Capital One Bank in Minnesota District Court , seeking at least $1,500 per telephone call made in violation of the Telephone Consumer Protection Act (TCPA). The underlying facts of her lawsuit suggest an apparent wil...
  • Dentist Claims Injury, Unum Claims Sickness to Deny
    Sep-13-18 San Diego, CA: A dental surgeon has filed a bad faith lawsuit against Unum, or First Unum after the giant insurer denied his long term disability benefits claiming his injury is a sickness. The Unum lawsuit claims that Unum denied the dentist his rightful benefits to protect their own interests. In September 2014 Dr. Frank L. Pavel sustained severe inju...
  • Add Pancreatic Cancer to Your List of Saxagliptin Worries
    Oct-9-17 Washington, DC: While patient lawsuits have focused on the danger of heart failure as a Saxagliptin side effect , the risk of pancreatic cancer may be flying under the radar. It can be just as deadly, and research suggests a link between Saxagliptin and the disease. Saxagliptin is the generic form of a number of brand- name drugs used to treat type 2...
  • SEC Fraud Whistleblower Lawsuits Fly under the Radar
    Sep-20-17 Washington, DC: . Insiders with information about securities fraud should know three important things before filing an SEC fraud whistleblower lawsuit :  (1) They can only proceed through the Securities and Exchange Commission; there is no right of individual action as there is with other whistleblower protection laws; (2) The SEC protects whistleb...
  • Sen. McCaskill Probes Anthem Emergency Room Coverage Denials
    Jul-28-18 Washington, DC On July 17, 2018 Sen. Claire McCaskill’s office released a report detailing the results of an investigation into Anthem Blue Cross Blue Shield’s efforts to cut costs by denying emergency room coverage after the fact. Many of these insurance claim denials were eventually reversed. But Anthem may have succeeded in its overall goal...
  • 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...
  • Wheeler v. Metropolitan Life Insurance Company Seeks LTD Benefits for Injured Seaman
    Sep-14-18 San Diego, CA Christopher Wheeler was a Coxswain/Diesel mechanic, a contractor doing heavy physical work for the U.S. Navy Fifth Fleet. On March 17, 2015, he was badly injured during a storm at sea off Bahrain. Hospitals and rehab landed him a computer job for which he had no aptitude or training. When that didn’t work out, his employer, Exelis, Inc. ter...
  • The Curious Case of the Disappearing DePuy Damages
    Mar-24-18 Dallas, TX: The bellwether defective hip implant lawsuits that were tried in the Northern District of Texas as part of multidistrict litigation 2244 have yielded some staggering awards for the plaintiffs. The latest Alice hip failure lawsuit ended with a $247 million award to six plaintiffs. A previous bellwether trial awarded $1.4 billion to a gr...
  • Deadly Onglyza Side Effects Set in Fast and Lawsuits Lumber On
    Feb-25-18 Pittsburgh, PA: Viola Chapman began taking Onglyza and Kombiglyze XR (Saxagliptin) to treat her type 2 diabetes in February 2015. By December, as her Onglyza lawsuit claims, those drugs had caused heart failure, congestive heart failure and cardiovascular injury . That went south fast. What's not fast is the pace of Onglyza lawsuits. Chapman's la...
  • 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...
  • Unum Insurance Lawsuits Gain Momentum
    May-18-18 Ellicott City, MD: A former Maryland project manager for a real estate company has accused the Unum Group of suspending her monthly disability payments after 26 years of payments when she was elected to serve part-time on the Howard County Board of Education. Five years after notifying Unum life insurance that she had been elected to the Board of Educati...
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