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  • Google Abandons Forced Arbitration of Employment Disputes
    Mar-30-19 Mountain View, CA On March 21, 2019, Google employees were finally freed from contractual restrictions that forced them to arbitrate employment disputes. This follows widespread protests and challenges under California labor law stemming from the forced arbitration of sexual harassment claims. The #MeToo movement continues to bear fruit beyond the...
  • Johnson & Johnson Talc Tribulations Spark ERISA Lawsuit
    Mar-28-19 Newark, NJ On January 25, participants in the Johnson and Johnson Savings Plan (the “401k Plan”), filed a class action ERISA lawsuit claiming that the 401k Plan fiduciaries encouraged them to invest imprudently in company stock. The lawsuit, Tarantino v. Johnson and Johnson Pension and Benefits Committee , claims that the value of the stock was...
  • ERISA Lawsuit Claims Fidelity Investments Took Secret Kickbacks
    Mar-11-19 Boston, MA On February 21, 2019, Andre W. Wong, a participant in T-Mobile USA Inc.'s 401(k) plan, filed a class action ERISA lawsuit in Massachusetts District Court. The lawsuit may ultimately affect nearly every 401k plan participant in every plan that has offered investment options managed by Fidelity Investments since 2017. Wong v. FMR LLC lays...
  • Subpoenas Fly! Senate Demands Docs in Tainted Talcum Powder Probe
    Mar-5-19 Washington, DC The long-running Johnson & Johnson (J&J) talcum powder lawsuits have now taken a strangely contemporary turn as long-silent witnesses, both in this world and the next, tell tales. The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have subpoenaed corporate documents, and Sen. Patty Murray (D-WA) Ranking Membe...
  • School Bus Drivers’ Wage Lawsuit Survives Crippling Challenge
    Feb-22-19 San Francisco, CA In Humes v. First Student Inc. , a group of California bus drivers claim that the company for which they worked, First Student, Inc. (formerly Laidlaw) failed to pay them for all the hours that they worked . In the latest legal turn, the Ninth Circuit has cleared the way for the drivers to pursue their lawsuit as a class action. That...
  • Blood Pressure Medication Micardis May Pose Cancer Risk
    Chicago, IL: A new study published in the journal Lancet Oncology, is reporting the potential for increased risk for cancer associated with the use of the blood pressure medication Micardis (telmisartan), an angiotensin receptor blocker (ARB) made by Boehringer Ingelheim. According to a report on Reuters.com, Dr. Ilke Sipahi and colleagues from Ca...
  • Johnson & Johnson Settles Deceptive Hip Implant Marketing Lawsuits for $120 Million
    Feb-12-19 Washington, DC Johnson & Johnson (“J&J”) has agreed to pay $120 million to the attorneys general of 46 states and Washington, D.C. to settle claims that the company made unfair and deceptive statements in the promotion of its ASR XL and Pinnacle Ultamet hip implant systems. A separate agreement is expected to resolve most of the thousands of co...
  • Tests and Studies For and Against J&J Talc - Jury Still Out
    Jan-22-19 Santa Clara, CA Despite a number of asbestos-talc lawsuits and studies to the contrary, Johnson & Johnson still stands by its talcum powder, asserting it doesn’t cause mesothelioma or ovarian cancer because their product sold to consumers never contained asbestos. J&J says plaintiffs are using attorney-driven science along with faulty studie...
  • Bayer’s Biggest Mistake –Buying Monsanto?
    Dec-20-18 San Francisco, CA: August 10, 2018 was a bad day for Bayer and Monsanto executives. That was the day when San Francisco jurors determined that Monsanto’s (and now Bayer’s) RoundUp and Ranger Pro caused cancer in a former school groundskeeper who claimed his terminal cancer had been caused by the glyphosate-based weed-killers. Bayer and Monsanto Dea...
  • New Reuters Report Reveals J&J knew its Talcum Powder link to Asbestos and Cancer
    Dec-15-18 Los Angeles, CA: After reviewing documents and testimony from 1971 to the early 2000s, a new report by Reuters determined that Johnson & Johnson’s executives, mine managers, doctors and lawyers were aware the company's raw talc and finished powders sometimes tested positive for small amounts of asbestos. This report reflects many Johnson...
  • Unum: the Gift of Giving and Taking Away
    Dec-6-18 Chicago, IL: Yet another lawsuit was filed in November against First Unum for allegedly denying long-term disability benefits. In the same month, Unum announced to the media that it had donated $300,000 to a high-school girls’ leadership program. Along with this charitable announcement, policy holders who have been denied disability benefits or wron...
  • Excessive Overdraft Fees Lawsuit against DFCU Survives Motion to Dismiss
    Nov-23-18 Boston, MA Brandi Salls’ excessive overdraft fees lawsuit against Digital Federal Credit Union (DFCU) has survived the credit union’s Motion to Dismiss. This is good news, but it was a near thing , at least with respect to some of the counts. Claimants in similar credit union lawsuits should take away five important lessons. Excessive Overdra...
  • Tennessee Drywall Workers Win Unpaid Overtime in DOL Settlement
    Nov-21-18 Hermitage, TN On October 19, 2018, the U.S. Department of Labor announced that Tennessee contractor, Vasquez Drywall, had agreed to pay $103,300 in back wages to workers misclassified as independent contractors and a $2,424 civil penalty. Employment misclassification is rampant in the construction industry in Tennessee and throughout the country. Th...
  • Hacks, Embezzlements, and 401(k) Mismanagement – What You Can Do to Protect Your Retirement Nest Egg
    Nov-17-18 Washington, DC When asked why he robbed banks, Willie Sutton reportedly replied, “Because that’s where the money is.” Now, however, roughly $5 trillion, or a fifth of all U.S. retirement assets, sit in 401(k) accounts . Today’s Willie Suttons are there, too, as recent ERISA lawsuits and criminal prosecutions confirm. Don&rsqu...
  • California Harassment Laws and Mandatory Arbitration Agreements stem from #MeToo movement
    Nov-14-18 Sacramento, CA: On the heels of the #MeToo movement, California is providing more protection for sexual harassment victims by amending the California labor law , specifically Civil Code Section 47. The goal of the new bill is to encourage more victims of sexual harassment to come forward. And more corporations are eliminating mandatory arbitration agreeme...
  • Is a Health Plan Liable for the Negligence of an Unqualified Claims Reviewer?
    Oct-23-18 Sherman, TX Johnson v. UnitedHealthcare raises more questions than it answers about how ERISA protects health plan participants who bring bad faith insurance lawsuits over denied medical claims. Stephen Johnson had more than his share of hardship. The law hasn’t helped him. But it’s a complicated story that will affect claimants and health in...
  • 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...
  • 401(k) Lawsuit Continues against Franklin Templeton
    Oct-15-18 San Francisco, CA An ERISA pension plan lawsuit has survived numerous procedural challenges and will proceed as a class action against investment manager Franklin Templeton. Fernandez v. Franklin Resources Inc. claims that the fiduciaries in charge of managing the Franklin Templeton 401(k) Plan breached their duty to plan participants by causing...
  • Google Gmail is “Creepy”, says a Non-Gmail User Filing Complaint
    Oct-11-18 San Francisco, CA: If you are one of the 1.4 billion Gmail users around the globe, you are likely more than familiar with annoying online ads. But so too are email users who didn’t sign up to Gmail. People like Rick, who is fed up with barrages of ads. And people like Rick are filing Google complaints. “I’m also concerned about privacy for any r...
  • Health Insurance Fraud Lawsuit News and Legal Information
    A doctor charges $200 for an office visit, but only $80 is covered by the insurer leaving the patient to pay the difference. Investigators allege that health insurance companies are forcing patients to pay more than they should when using doctors and hospitals outside their insurer's networks. Investigators claim an industrywide scheme is deceiving an...
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