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  • 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...
  • 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...
  • 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...
  • 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. ...
  • 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 &...
  • 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...
  • 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...
  • 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...
  • 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...
  • Bank of America Settles California Labor Lawsuits
    May-28-21 Santa Clara, CA The Bank of America (BofA) California reached an agreement whereby $11.5 million will be paid to approximately 25,000 tellers, personal bankers and operations managers. The settlements stem from three proposed class actions alleging California labor law violations , including overtime and off-the-clock work. On behalf of himself and oth...
  • 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...
  • New York Insurance Bill Addresses Bad Faith Insurance Practices
    May-26-21 Albany, NY  On May 18, New York Senate Bill 6813 (S6813) was referred to the Senate Insurance Committee. If enacted into law, it would add a new Section 2601-a to the New York Insurance law. Proponents of the legislation see an opportunity to address the problem of insurance companies’ bad faith insurance claim practices. Detractors predict th...
  • 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...
  • 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...
  • Emergency Room Opportunity to Overcharge
    May-21-21 Houston, TX Nick was working at his home office when he suddenly felt the left side of his body go numb and a searing pain in his lower back. “Thank God my wife was home. She drove me to the nearest urgent care center but a sign on the door said it was “running at capacity” and couldn’t see any patients that day,” says Nick. &...
  • Zantac Breast Cancer Lawsuit
    May-20-21 Los Angeles, CA  On April 19, Marina Golden filed a Zantac cancer lawsuit  in California state court, alleging that her years’ long use of Zantac caused her 2014 diagnosis of breast cancer. Her lawsuit seeks punitive and exemplary damages to punish the defendant manufacturers and retailers for their wrongful acts as well as compensatory...
  • ERISA Lawsuit against the University of Miami Cites Excessive Fees
    May-17-21 Miami, FL   On April 5, the four named plaintiffs in Santiago v. University of Miami asked the Southern District of Florida to certify a class of roughly 16,000 beneficiaries of and participants in the University of Miami Savings Plan. Their ERISA lawsuit alleges that the University breached its duties of loyalty and prudence by permitting the Plan...
  • Cannabis Unpaid Wages Lawsuit Pushes Policy
    May-13-21 Denver, CO  On April 27, the federal District Court for the District of Colorado granted conditional certification to a class of plaintiffs who brought unpaid wage claims against Helix TCS, a cannabis security company. The defendant employer began almost immediately to try to mitigate the financial impact that a successful collective action lawsuit...
  • Aegis Nursing Homes Offers $16M Elder Care Abuse Deal
    May-12-21 Redmond, WA Residents of the nursing home chain “Aegis Senior Communities” have asked a California federal judge to approve a 16.25 million settlement that would resolve care center lawsuits alleging nursing home abuse . Nursing home residents and their family members in both California and Washington claim that Aegis misled vulnerable adul...
  • 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...
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