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LAWSUITS NEWS & LEGAL INFORMATION

Anne Wallace

Anne WallaceAnne Wallace is a New York lawyer, currently living in the metropolitan Washington, DC area. She writes on legal and business issues and teaches at the college and professional level. Anne graduated from Fordham Law School and Wellesley College.


ABM Industries to Settle Janitors’ Wage Lawsuits for $140 Million

July 30, 2021.
San Francisco, CA On July 8, ABM Industries entered into a written agreement to settle the consolidated lawsuits, ABM Industries Overtime Cases (also known as the “Bucio case”), pending in the Superior Court of California, County of San Francisco. Filed in 2006, the lawsuits allege that ABM’s prior timekeeping and payment practices shortchanged as many as 50,000 janitorial employees in violation of the California Labor Code. Under the terms of the proposed settlement, ABM will pay a total sum of $140 million to resolve all claims. The settlement remains subject to court approval.

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Creeping Data Collection at Family Dollar, Dollar Tree

July 23, 2021.
Chicago, IL Family Dollar collected Mantrise Herron’s fingerprints without her permission in apparent violation of Illinois’ Biometric Information Privacy Act (BIPA). BIPA is a privacy-protection law, and Herron v. Family Dollar Inc. is a class action privacy protection lawsuit. But privacy is increasingly a luxury for the well-heeled and well-informed. The rubber hits the road when privacy concerns become unpaid wages claims or employment discrimination lawsuits. This is where many workers begin. Let us also begin at the beginning….

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ERISA Lawsuit Alleges DuPont Underpaid Retirees

July 21, 2021.
Wilmington, DE M.P. Moon will have another chance to persuade a Delaware federal court that DuPont and its corporate predecessors and successors cheated him and similarly situated retirees of thousands of dollars in pension benefits. His ERISA lawsuit describes years of misinformation, followed by internal procedural rules that protected DuPont from the necessity of correcting its own error.
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Magistrate Recommends Certification of Some Classes in Amazon Wage Lawsuit

July 15, 2021.
Sacramento, CA On June 8, U.S. Magistrate Judge Barbara A. McAuliffe recommended that the Eastern District of California certify several classes of plaintiffs in Trevino v. Golden State FC LLC. In Trevino, workers at various Amazon fulfillment centers alleged that the internet retail giant had violated the California Labor Code by failing to pay wages due for regular and overtime hours worked and provide required meal and rest periods. The lawsuit sought class action certification for groups of similarly situated workers who could number in the hundreds of thousands and who worked at 50 California facilities. The Magistrate determined, however, that the claims of some workers were too individualized to merit
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Pilgrim’s Pride Settles Out of “Wage-Fixing” Lawsuit

July 12, 2021.
Baltimore, MD Pilgrim’s Pride Group, one of many poultry processors/defendants, has agreed to settle out of Jien v. Perdue Farms Inc. for $29 million and an agreement to cooperate against the remaining defendants. Rather than proceeding as an unpaid wages claim, Jien was brought as an antitrust case under the Sherman Act. The Sherman Act prohibits anticompetitive practices and has been used recently to protect wages. For workers, the effect of “wage-fixing” across an industry is very like the effect of failing to pay legally-required wages. Exploited workers, doing dangerous jobs, live at or near poverty.

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Jander ERISA Lawsuit Settles, but Leaves Questions

July 9, 2021.
New York, NY Jander v. Retirement Plans Committee of IBM, a long-running employee stock ownership lawsuit, settled on April 2, 2021 for $4.75 million. The attorneys who represented the retirement plan participants have now requested $1.4 million in fees for the latest Supreme Court phase of the case. In deciding whether to approve the fee, the Southern District of New York will consider the time and effort the lawyers expended.
Read [ Jander ERISA Lawsuit Settles, but Leaves Questions ]

Entry-Level Manager Sues Amazon for Misclassification

July 6, 2021.
Oakland, CA Arguments in Michael Ortiz v. Amazon.com LLC opened in the Northern District of California on June 21, nearly five years after the California wage and hour lawsuit was initially filed. Much has already happened; the court has stripped out claims under the federal Fair Labor Standards Act (FLSA) and denied the plaintiffs’ request to proceed as a class action lawsuit.
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Syngenta Sues Insurers to Mount Defense, Pay Excess Claims

June 30, 2021.
Wilmington, DE On May 17 Syngenta, the manufacturer and distributor of paraquat-based herbicides, filed a lawsuit in the Superior Court of the State of Delaware seeking a declaratory judgment that would compel nearly 100 insurers to undertake Syngenta’s defense in the growing number of product-based personal injury lawsuits. The underlying lawsuits focus on the link between the herbicide and Parkinson’s disease, which appears with disproportionate frequency in professionals who used the product under license and according to the manufacturer’s directions. Syngenta Crop Protection, LLC v. Travelers Casualty and Surety Company also seeks damages against insurers who, according to the company, also breached other contractual provisions. Some o
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Ninth Circuit Reverses $102 Million Wage Penalty against Walmart

June 24, 2021.
San Francisco, CA On May 28, the Ninth Circuit reversed a decision by the Northern District of California that had required Walmart to pay $102 million in penalties for violations of the California Labor Code. The Ninth Circuit’s decision in Roderick Magadia v. Wal-Mart Associates was a blow to thousands of Walmart workers. It may also have significant repercussions for the future of California labor lawsuits under the Private Attorneys General Act (PAGA). Ultimately, the latter may be more of a problem.

Read [ Ninth Circuit Reverses $102 Million Wage Penalty against Walmart ]

Air Force Veteran Files Kidney Cancer Lawsuit Citing Firefighting Foam

June 22, 2021.
Charleston, SC On May 26, Jeffrey Clark filed a lawsuit against 3M and a host of other corporate defendants citing his exposure to perfluoroalkyl and polyfluoroalkyl (PFAS/PFOA) firefighting foams as the likely cause of his kidney cancer. Clark v. 3M Company will be consolidated for pre-trial proceedings into the Multidistrict Litigation now currently before the U.S. District Court for the District of South Carolina.
Read [ Air Force Veteran Files Kidney Cancer Lawsuit Citing Firefighting Foam ]

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