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  • Emergency Room Overcharges with Coronavirus Test
    Apr-5-20 Santa Clara, CA Despite the $2 trillion coronavirus aid package that includes over $100 billion for hospitals and medical needs, and despite a law signed by President Trump on March 18 that supposedly allows Americans to be tested for coronavirus free of charge, some patients now face emergency room overcharges . While the tests may be free, both insured...
  • Overdraft Fees Waived During COVID-19 Pandemic
    Apr-2-20 Washington, DC Some banks are pitching in during the COVID-19 pandemic by forgoing overdraft charges and other actions that can support consumers. Banks aren’t known for their philanthropy:  In return financial institutions can earn credit toward their Community Reinvestment Act requirements (CRA).  The Federal Reserve, Federal Deposit...
  • Overlooked, Underpaid California Workers Face Dire Coronavirus Risk
    Mar-26-20 Sacramento, CA On March 19, Gov. Gavin Newsom ordered all Californians to stay home except for workers essential to health care, public safety, food, agriculture and media. Those who can work remotely may be juggling work and children. Laid off and furloughed workers are looking at reduced paychecks, even with the wage and benefit protections of federal...
  • California Labor Law and COVID-19: Top questions asked by California Workers
    Mar-17-20 San Francisco, CA Putting into place public health measures to deal with COVID-19 also raises a number of California labor law issues. Employers are scrambling to navigate a new workplace, which could mean their employees working from home. And employees are anxious to understand their legal rights. Here are the top FAQ’s asked by employees. 1...
  • Hospital Overcharging Lawsuit News & Legal Information
    Both insured and uninsured hospital patients allege they are charged excessive health care costs because of hospital overcharging practices. From surgery costs, to administrative fees, to equipment charges, hospitals and clinics routinely overcharge their patients for services. Insured patients with big deductibles face rising insurance premiums and out...
  • Judge to Uber on AB5: That Means You, Too, and Now
    Feb-14-20 Los Angeles, CA On February 10, the District Court for the Central District of California denied a motion for injunction that would halt enforcement of California’s Gig Worker Law against Uber and Postmates while both companies challenge the law’s constitutionality. The decision means that both companies must begin to treat workers as employees...
  • Employees May Work 6 Years Longer when Employer Skims Fees off the Top of 401k Plan
    Jan-22-20 Collingswood, NJ On November 5, former employee, Young Cho, filed a class action ERISA lawsuit (ERISA) in the District Court for the District of New Jersey alleging that fiduciaries of the Prudential Insurance Company 401k plan breached their duty to plan participants by selecting and managing investment options to benefit Prudential, rather than retirem...
  • California Uber Drivers Survive Motion to Dismiss, Lose Preliminary Injunction
    Jan-2-20 San Francisco, CA On December 16, Judge Edward Chen of the Northern District of California denied Uber’s Motion to Dismiss a class action California labor lawsuit that claims Uber drivers were misclassified as independent contractors under standards set out in Dynamex Operations West, Inc. v. Superior Court . However, in Colopy v. Uber Techs...
  • Bed Bug Infestation Lawsuit News and Legal Information
    ed bug infestations and subsequent bed bug lawsuits are increasing. Although bed bug bites are not known to transmit disease, these pests do cause physical and mental health side effects and financial issues, which have resulted in many bed bug lawsuits. Bed bug attorneys have filed lawsuits against hotels and resorts, including a Disney bed bug lawsuit. Bed...
  • California Assembly Bill 5 in for a Bumpy Ride with Truckers
    Nov-20-19 Sacramento, CA California trucking fleets don’t agree with California Gov. Gavin Newsom, who says that AB5, a new California labor law , he signed into law on Sept 11 is a “landmark legislation for workers and our economy.” Rather, the California Trucking Association (CTA) argues in its federal lawsuit that the bill “runs afoul of...
  • Credit Union Excessive Overdraft Fees Lawsuit News & Legal Information
    Credit unions are not-for-profit organizations run cooperatively by members. They are different from banks in how they are run, but may still face many of the same legal issues as banks, including claims about mismanagement, consumer fraud and overdraft fees. Credit union lawsuits can be filed by members whose credit unions have not been properly managed or...
  • Bayer “Not Playing Nice in the Sandbox” of Monsanto Litigation
    Nov-12-19 Oakland, CA There’s a dispute during the recent Roundup hearing: Monsanto has asked a California judge to depose cancer patients’ treating physicians first, but  plaintiffs’ attorney argues that will put his clients at an “extreme disadvantage”. Plaintiffs’ attorney Brent Wisner of Baum Hedlund Aristei & Gol...
  • Defense Base Act Benefit Denial Lawsuit News & Legal Information
    The Defense Base Act (DBA) is a federal law that provides Worker’s Compensation and Death Benefits for civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or for national defense, according the United States Department of Labor. The DBA is designed to provide injured...
  • Safeway 401k Plan to Settle ERISA lawsuit for $8.5 Million
    Oct-9-19 San Francisco, CA Safeway and Aon Hewitt Investment Consulting Inc. have agreed to pay $8.5 million to settle a proposed class action ERISA lawsuit brought by participants in the Safeway 401k Plan. The workers claim that Safeway and Aon breached their fiduciary obligations by offering high cost investment options that benefitted the investment manager at...
  • Fiduciaries’ Desperate Drive to Fund Benefits Backfires
    Sep-11-19 Santa Ana, CA Aaron Kushner and Eric Spitz, who mismanaged the investments of the Retirement Plan of Freedom Communications, Inc. (the Pension Plan) have offered to settle an ERISA lawsuit brought by the federal Pension Benefits Guaranty Corporation (PBGC) for $7.8 million. Following the twists and turns of this lawsuit requires not only some app...
  • Farmers Worldwide Filed Monsanto Herbicide Lawsuits
    Sep-5-19 Denton, MT: A Montana farmer recently filed a Monsanto glyphosate lawsuit claiming its herbicide Roundup he used since 1982 caused his Non-Hodgkin's Lymphoma. In a similar case filed in France, a French court found Monsanto guilty of poisoning a farmer and in June the first Australian legal action was filed against Bayer, which bought Monsanto in 2018. ...
  • Farmers Worldwide Filed Monsanto Herbicide Lawsuits
    Aug-17-19 Denton, MT: A Montana farmer recently filed a Monsanto glyphosate lawsuit claiming its herbicide Roundup he used since 1982 caused his Non-Hodgkin's Lymphoma. In a similar case filed in France, a French court found Monsanto guilty of poisoning a farmer and in June the first Australian legal action was filed against Bayer, which bought Monsanto in 2018. ...
  • Lawmakers Suspect Gilead Has Ulterior Motives for Donating HIV/AIDS drug Truvada
    Jul-25-19 Washington, DC: The drug manufacturer Gilead announced in May that it was making an annual donation of 2.4 million bottles of Truvada that is prescribed as a prophylactic to prevent the spread of HIV, also known as PrEP. Some lawmakers, however, suspect that the donation comes with strings attached. A letter to the drug maker on June 26 from Elijah...
  • Forced Arbitration, Stock Drop Disputes and ACA Repeal Loom Large for ERISA Lawsuits in Latter Half of 2019
    Jul-12-19 Washington, DC It’s semiannual prognostication time for ERISA lawsuits , and in our crystal ball, we see a mysterious stranger, great fortune and heartbreak. No, actually, not. But relying on our lesser powers, we suspect that, for the next six months, three issues will loom large. These include the impact of forced arbitration clauses, the future vi...
  • California Labor Bill AB5 has ride-hailing companies collaborating rather than competing – and waiting on CA Senate vote
    Jun-24-19 Sacramento, CA: Uber and Lyft have become wildly successful, mainly due to classifying their drivers as independent contractors rather than employees, but misclassification is a violation of the California labor law and should the state Senate pass Bill AB5, the gig might be up for them and many other companies whose workers may be re-classified as emplo...
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