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  • There's the Right Way, the Wrong Way and the Army Way
    Jul-2-09 Washington, D.C. If Attorney and former Navy lawyer Dean Swartz gets what he wants for his client Colonel Adele Connell, Swartz will have succeeded in shutting down a 59-year-old law known as the Feres Doctrine that makes it almost impossible for military personnel to sue for medical malpractice . "I never knew just how unfair this law was until I got...
  • Pier 1 Employees Win $3.5M Settlement in Flex Shift Class Action Lawsuit
    San Francisco, CA: A preliminary $3.5 million settlement has been reached potentially ending a California labor law class action lawsuit pending against Pier 1 Imports. The lawsuit, filed by Lauren Mathein and Christine Sabas, alleged Pier 1 failed to reimburse the class for hours spent working without pay while checking in to find out if they had...
  • Hearing Examinations to Begin in 3M Combat Arms Defective Earplugs Lawsuits
    Nov-19-20 Pensacola, FL  On October 20, the District Court for the Northern District of Florida issued a pre-trial order setting the requirements for the medical examinations of five service members who allege that they suffered hearing loss because of the 3M defective earplugs  that were standard military issue from 2003 to 2015. The Order sets out a sc...
  • Navy Federal to Settle Overdraft Fees Lawsuit for $16 Million
    Nov-17-20 Alexandria, VA  The Eastern District of Virginia appears poised to approve a proposed settlement in a class action bank overdraft fees lawsuit  originally filed against Navy Federal Credit Union in 2019. Under the terms of the proposed settlement, checking account customers at Navy Federal who were overcharged will have a common fund of $16 mill...
  • Consumer Fraud Goes Up in a Down Economy
    May-17-09 New York, NY You know what they say—what goes up must come down. And when the economy goes through a downturn, what tends to come up is consumer fraud . When the economy sours, scammers tend to redouble their efforts. The Consumer Fraud Act provides a level of consumer protection against fraud artists bent on taking advantage of you. Since the econo...
  • FDA Weighs in Alere Recall and Potential for Skewed Results
    Dec-3-16 Washington, DC: On the heels of a published report in BMJ with regard to the Alere INRatio device, the Alere Recall and its impact on the clinical trial that eventually led to the approval of a major indication for Xarelto, the US Food and Drug Administration (FDA) has weighed in, defending its support for Xarelto and the study results that led to the...
  • Benicar Lawsuit Plaintiffs Attempt Motion for Summary Judgement
    Dec-2-16 Camden, NJ: A Benicar side effects lawsuit involving the manufacturers of Benicar olmesartan, identified as Daiichi Sankyo (Daiichi) and Forest Pharmaceuticals Inc. (Forest) may have ended on a motion of summary judgement put forward by the plaintiffs. However, a judge with the US District Court in New Jersey ruled that documents cited by the plaintiff...
  • Racial Bias an Affront to Discrimination Law
    Apr-27-09 Poplar Bluff, MO Various examples of religious discrimination and the lawsuits that have ensued show the breadth and power of discrimination law. Religion discrimination holds no sway in a contemporary, educated and tolerant society. There are many examples of this, together with the reality that some discrimination takes the form of harassment. B...
  • PFAS & PFOA Water Contamination and Firefighter Lawsuits on the Rise
    Nov-6-20 Santa Clara, CA Townships and municipalities nationwide are filing environmental lawsuits against manufacturers such as Raytheon Technologies, Chemours, DuPont and 3M Co. for adding PFAS (per- and polyfluoroalkyl substances) into the water supply. These chemicals are allegedly toxic and have been linked to certain cancers. As well, former firefighters cont...
  • Workers Compensation Can be a Complex Issue
    Mar-30-09 Gaithersburg, MD What is an injury, anyway? A broken leg? Sure. Wrenched back? Of course. The loss of a limb? That goes without saying. But what about emotional injuries? Workers compensation law is there to protect workers from injuries while on the job, and those injuries need not always be physical. Workers compensation is a requirement of employers,...
  • When Deceased Donations to Alleged Medical Science Become Trafficking in Body Parts
    Chicago, IL: Illegal trafficking of body parts may be closer to home than many people want to believe. A mother in Chicago, who lost her 23-year old son to spindle cell sarcoma and subsequently donated his body to science, as he had instructed her, found out that several medical businesses had harvested and mishandled her son’s remains, possibly fo...
  • Court Greenlights Class Action Status for Home Depot 401k ERISA Lawsuit
    Oct-22-20 Atlanta, GA On September 21, the District Court for the Northern District of Georgia ruled that an ERISA lawsuit brought by participants in the Home Depot FutureBuilder 401(k) Plan against plan fiduciaries could proceed as a class action lawsuit. Pizarro v. The Home Depot is particularly notable for the number of participant who may be affected &ndas...
  • California Farmworkers Compensated for Unpaid Rest Breaks
    Oct-8-20 San Joaquin, CA A group of farmworkers have finally been compensated after a California appeals court rejected their unpaid rest breaks--twice. The farm laborers first filed their California labor lawsuit  in 2009 against their employer; the case went to court in 2014 and plaintiffs appealed in 2016. Alfredo Sanchez and four other plaintiffs sued...
  • A Tale of Two Bad Faith Insurance Lawsuits
    Sep-16-16 Philadelphia, PA: In somewhat of a ‘David and Goliath’ tale, two bad faith insurance lawsuits aptly demonstrate the mindset and motivations of insurance companies, regardless of whether they are dealing with individuals, corporations, or state governance. The individual here is Martha Holland, who has a bone to pick with Unum Life Insura...
  • It’s “Your Money or Your Life” for Senior Workers
    Oct-2-20 Sacramento, CA  A nationwide flood of Covid-19-driven age discrimination lawsuits suggests that similar surge in California labor lawsuits  is imminent. A New York case may be a harbinger of things to come. In Kanyuk v. Shearman & Sterling, LLP , a 62-year-old employee was the first to be fired in a wave of Covid-19-related layoffs. The e...
  • Equifax Data Breach Liability
    Washington, DC: Equifax Inc, is facing several lawsuits over its recent and enormous data breach, which affects nearly half of the population in the US. One of the largest data breaches in US history, the credit reporting agency only revealed in September that hackers had accessed about 143 million US consumers’ names, Social Security numb...
  • California Refinery Workers Clinch $4.4 Settlement in Rest Break Lawsuit
    Sep-24-20 Los Angeles, CA On August 24, the District Court for the Central District of California gave final approval to a settlement under which ExxonMobil, PBF Energy Limited and Torrance Refining Company, LLC will pay a total of nearly $4.4 million to settle a class action lawsuit in which refinery workers claim that they were denied the paid rest breaks requir...
  • $67M Settlement Reached in Mylan Antitrust Lawsuit
    Washington, DC: Mylan Pharmaceuticals and chemical companies Cambrex and Gyma Laboratories have been ordered to pay $67 million in fines to end the long-running antitrust lawsuit brought by Blue Cross. According to the allegations, Mylan had entered into exclusive licensing agreements with Cambrex and Gyma Laboratories, allowing Mylan to inflate pr...
  • Message to Zimmer: We Are Not Machines
    Oct-22-08 Washington, DC Forgive me if I've missed something here, but what the hell is going on with medical products manufacturers, such as the people who make the Zimmer Durom Cup ? A Zimmer hip replacement patient should not be made to suffer through the pain and trauma of a failed Zimmer Durom, only to have to require a second surgery to have it fixed or repla...
  • ERISA Lawsuit Targets ESOP Scam
    Sep-21-20 Wilmington, DE Set against the backdrop of California’s notorious water wars, the 1974 film “ Chinatown ,” focuses on the mysterious Evelyn, who must finally explain whether a young girl is her daughter or her sister. The awful truth unfolds. She is murdered – shot through the eye as her daughter or sister screams. Evelyn’s pr...
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