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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.


Olson v. Becerra Challenges AB 5 Constitutionality Again

January 13, 2021.
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 little to remedy the flaws that led to the lawsuit’s dismissal without prejudice in September. This time California seeks to bar the lawsuit permanently.
Read [ Olson v. Becerra Challenges AB 5 Constitutionality Again ]

Some California Drivers May Lose Their Right to Pursue Wage Lawsuits against Uber

January 10, 2021.
San Francisco, CA  On December 22, the U.S. District Court for the Northern District of California heard arguments in James v. Uber Technologies Inc., a class action California labor lawsuit. Judge Edward Chen appeared to focus particularly on whether the facts of the case would support the inclusion of drivers who also have other jobs in the class seeking certification.
Read [ Some California Drivers May Lose Their Right to Pursue Wage Lawsuits against Uber ]

SAG-AFTRA Health Plan Dumps Oldest Participants

January 8, 2021.
Los Angeles, CA On December 1, 91-year-old actor Ed Asner and nine other participants in the Screen Actors Guild-Producers Health Plan filed a class action ERISA lawsuit against the SAG-AFTRA Health Fund and Trustees of the Plan. The early coverage of the lawsuit focuses on what appears to be age discrimination against veteran actors, many of whom sacrificed television residuals for pre-1960 movies to fund the health plan at its outset.
Read [ SAG-AFTRA Health Plan Dumps Oldest Participants ]

Bank Overdraft Fees Lawsuit Stresses Lack of Consumer Sophistication, Unfair Process

January 6, 2021.
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 through a class action lawsuit, forcing them to arbitrate their claims individually. That would effectively end their chance to dispute excessive overdraft fees that resulted from Wells Fargo’s and Wachovia Bank’s practice of reordering checks from high to low amounts in order to maximize profits.
Read [ Bank Overdraft Fees Lawsuit Stresses Lack of Consumer Sophistication, Unfair Process ]

Oracle in the Hot Seat over Gender Pay Discrimination (Again)

January 4, 2021.
San Mateo, CA  On December 18, the California Superior Court refused to dismiss a Complaint alleging that Oracle America, Inc. systematically paid women less than men for comparable work. The California labor lawsuit, describes a pattern all-too-familiar from other gender discrimination lawsuits against Silicon Valley tech giants, including Google, Uber and HP as well as Oracle.
Read [ Oracle in the Hot Seat over Gender Pay Discrimination (Again) ]

Nurse Recruiters Fight for Meal Break Pay

December 28, 2020.
San Francisco, CA On December 1, the California Supreme Court heard arguments by nurse recruiters seeking to revive a California labor lawsuit against AMN Services LLC. The lawsuit, originally filed in 2014, arose from the way the company’s time-rounding software had tracked employees’ required meal breaks.
Read [ Nurse Recruiters Fight for Meal Break Pay ]

Fourth Circuit Says “No” to Counting Commissions for Minimum Wage

December 18, 2020.
Richmond, VA  On November 24, the Fourth Circuit gave new life to a Fair Labor Standards Act (FLSA) lawsuit brought by restaurant workers who accused their employer of violating the FLSA’s minimum wage and overtime requirements by mis-classifying gratuities and permitting ineligible employees to share in the tip pool. Wai Tom v. Hospitality Ventures LLC wades into a dense thicket of questions surrounding how the FLSA protects tipped workers.
Read [ Fourth Circuit Says “No” to Counting Commissions for Minimum Wage ]

“Abysmal” or “Too Conservative”? Supermarket ERISA Lawsuit to Settle for $17.5 Million

December 14, 2020.
Boston, MA  Toomey v. DeMoulas Super Markets, Inc., a class action ERISA lawsuit filed in the Massachusetts District Court in 2019, will settle for $17.5 million and prospective changes to the plan’s investment strategy, pending the court’s final approval in April 2021. While ERISA industry advisors have characterized the DeMoulas (Restated) Profit Sharing Plan and Trust’s investment management style as “too conservative,” the Complaint is far more brutal. It describes the performance of the investment fund as “abysmal.”
Read [ “Abysmal” or “Too Conservative”? Supermarket ERISA Lawsuit to Settle for $17.5 Million ]

Rothenberg Ventures Management Employees Sue for Back Wages

December 11, 2020.
San Francisco, CA In 2016, Katie Fanelli filed a lawsuit in the Superior Court of California for the County of San Francisco alleging that her employer, Rothenberg Ventures Management Co., violated California state labor law by failing to pay workers overtime and stiffing them of their final paychecks when the company laid them off. As of November, the court seemed inclined to permit the lawsuit to proceed as a class action, covering all former employees between 2012 and 2016 who had claims of less than $75,000. It is, realistically, the only way that individuals with relatively small wage claims can seek relief under California employee labor law.
Read [ Rothenberg Ventures Management Employees Sue for Back Wages ]

What to Expect in Zantac Cancer Lawsuits for 2021 and Beyond

December 8, 2020.
West Palm Beach, FL As 2020 draws to a close, the toll of death and injury from Zantac-related cancers continues to rise, as do the number of Zantac cancer lawsuits. Meanwhile, In Re: Zantac (Ranitidine) Products Liability Litigation, the multidistrict litigation into which many of the individual lawsuits have been consolidated, grinds on without much apparent news.
Read [ What to Expect in Zantac Cancer Lawsuits for 2021 and Beyond ]

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