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  • Employer Must Pay Attorney for Secret Settlement
    Mar-7-21 Los Angeles, CA Former motel employee William Hang filed a wage and hour lawsuit against his employer, but when Hang’s attorney sought the employer’s payment and obtained a default judgment of $255,000, he discovered that the employer had coerced Hang into a substantially less settlement: $20,000 cash. Litigation in this case is rather con...
  • Repeated Sexual Abuse in Nursing Home Criminal
    Mar-2-21 Oswego, NY A female resident in Pontiac Nursing Home in Oswego suffering from dementia was sexually abused  three times by another resident who was admitted to Pontiac in 2019. Management declined to tell Pontiac’s doctor and other employees that he was a known sexual offender. And Pontiac management didn’t call the police to report th...
  • Ninth Circuit Sends "High-Tech Debt Trap" Lawsuit to Arbitration
    Feb-27-21 Los Angeles, CA  On February 19, the Ninth Circuit held that a borrower, who found herself in what she described as a “high-tech debt trap,” must arbitrate her claims against the lender, having waived her right to sue. Marggieh DeCarlo was trying to build credit but instead found herself entangled instead in a ruinous web of loan charg...
  • NHTSA Orders Ford to Recall 3 Million Cars for Defective Airbags
    Feb-25-21 Washington, DC  The National Highway Traffic Safety Administration has ordered Ford to recall three million cars that contain defective driver’s side airbags. The airbags contain potentially faulty Takata inflators that may cause the bags to rupture, resulting in catastrophic airbag injuries . This follows a similar 2020 order affecting Gener...
  • Nursing Home Abuse And Personal Injury
    You may have gone to great lengths and expense to find the right elder care facility or nursing home for a member of your family or someone you know. It is a traumatic and difficult decision to place someone in a nursing home and you can only hope that they will receive the best possible care. Unfortunately, nursing home abuse is more prevalent than...
  • Northern District of Illinois Nixes Mandatory Arbitration in ERISA Lawsuit
    Feb-8-21 Chicago, IL On January 25, the Northern District of Illinois denied Triad Manufacturing’s attempt to force ESOP participants to individually arbitrate their claims of fiduciary self-dealing. The ERISA lawsuit , James Smith v. Board of Directors of Triad Manufacturing Inc. , alleged that the Board of Directors caused the plan to buy Triad stock at a...
  • California Coronavirus Litigation—Amazon Evades Attorney General: A TimeLine
    Jan-21-21 Sacramento, CA California's Attorney General slapped a lawsuit on Amazon, alleging the company refused to provide information about its coronavirus safety protocols and potential outbreaks, adding to the wave of coronavirus litigation nationwide and violating the California labor code . Amazon Won’t Comply with COVID-19 Information Califor...
  • Olson v. Becerra Challenges AB 5 Constitutionality Again
    Jan-13-21 Los Angeles, CA On November 9, two individual and two company plaintiffs, including Uber and Postmates, filed a California labor lawsuit  against the State of California. Olson v. Becerra challenges the constitutionality of AB 5 and related laws. In December, California filed a motion to dismiss, claiming that the Second Amended Complaint does li...
  • Bank Overdraft Fees Lawsuit Stresses Lack of Consumer Sophistication, Unfair Process
    Jan-6-21 Atlanta, GA On December 17, the U.S. Court of Appeals for the Eleventh Circuit heard oral arguments in Garcia v. Wachovia Bank , one of the bank overdraft fees lawsuits , consolidated in In Re: Checking Account Overdraft Litigation . The checking accountholders are appealing a September 2019 District Court decision that denied them the chance to proceed...
  • California Nursing Home Overtime Settlement
    Jan-5-21 Los Angeles, CA A California labor lawsuit claiming wage and labor violations has finally been agreed upon for $3 million. The Private Attorneys General Act (PAGA), originally filed in 2015, sought to represent over 250 former and current nursing home workers employed by Five Star Quality Care Inc. The 2015 lawsuit, filed in San Bernardino County...
  • Can California Cashiers Sit on the Job?
    Dec-17-20 Sacramento, CA The latest ruling over Ralphs Grocery Store seating for cashiers – initially filed in 2016— has reversed a trial court’s decision to link two California labor lawsuits that accuse parent company The Kroger Co. of not providing its employees with seating. On November 20, the California state appeals court found that cases...
  • Ride-Hailing Companies exempt from classifying drivers as employees, but not exempt from California labor lawsuits
    Dec-9-20 San Francisco, CA Despite winning Proposition 22, which means that Uber, Lyft and other ride-hailing companies are exempted from AB5 and drivers are reclassified as independent contractors, the companies are not immune to California labor lawsuits . Proposition 22 Opposition Proposition 22, bankrolled mainly by Uber, goes into effect December 17, bu...
  • Walmart Howls at California Labor Law Fines
    Dec-3-20 San Jose, CA  “This case is about Walmart’s practice of routinely violating the California Labor Code .” The first sentence of plaintiff’s’ brief to the Ninth Circuit in Magadia v. Wal-Mart Associates, Inc. neatly sums up the workers’ argument. Walmart, on the other hand, argues that this is all very unfair,...
  • Allergan Refuses to Pay for Surgery to Remove Breast Implants Linked to Cancer
    Dec-1-20 Hackensack, NJ  Jody Craft has now joined the growing number of women who have filed lawsuits seeking compensation for the harm Allegan USA, Inc. allegedly caused by marketing textured breast implants now linked to breast implant-associated anaplastic large cell lymphoma (BIA-ALCL). BIA-ALCL is a rare form of cancer seen almost exclusively in women...
  • California Court Approves Taylor Farms Wage and Hour Settlement
    Nov-25-20 Sacramento, CA On November 2, the U.S. District Court for the Eastern District of California approved an agreement to settle Del Carmen Pena v. Taylor Farms Pacific Inc. The workers allege that Taylor Farms failed to pay them for time spent "donning and doffing" equipment; provide them with rest and meal breaks; and issue paychecks in a timel...
  • California Office Manager Need Not Arbitrate PAGA Claim
    Nov-24-20 Santa Ana, CA On October 26, California's Fourth District appellate court ruled that Enedina Aguirre does not have to arbitrate a claim she made against Prudential Overall Supply under the California Private Attorneys General Act. The California labor lawsuit affirms, once more, that the mandatory arbitration agreements, which many employees must s...
  • 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...
  • 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...
  • Zimmer Knee Replacement | Knee Implants | NexGen Knee - LawyersAndSettlements.com
    Since the Zimmer NexGen knee replacement system has been on the market, almost half a million people in the US alone have had Zimmer knee implants. However, the Zimmer knee replacement, namely the NexGen CR-Flex Porous Femoral component , has recently been linked to a variety of problems, from loosening of the implant to failure of the replacement knee,...
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