LAWSUITS NEWS & LEGAL INFORMATION
Anne 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.
January 15, 2019.
Read [ Employee 401(k) Lawsuit Claims GE Inflated Stock Value ]
Albany, NY On December 14, 2018, Adele Vargas filed a class action ERISA lawsuit against General Electric Company (“GE”) and Jeffrey Immelt, its former CEO. She alleges that GE improperly manipulated its earnings and inflated its stock price.
January 11, 2019.
Read [ LTD Claimants Win Big as Ninth Circuit Trims “Abuse of Discretion” Standard ]
San Francisco, CA In one of the earliest decisions of 2019, the Ninth Circuit gave plaintiffs in long term denied disability lawsuits a new way to challenge benefit denial decisions. It may turn out to be significant.
January 8, 2019.
Read [ Unum Disability Insurance Claimant Wins Reinstatement of LTD Benefits ]
Santa Ana, CA On November 20, 2018, the U.S. District Court for the Central District of California handed Pamela Fleming a resounding victory in her Unum disability insurance lawsuit. Unum had been paying her LTD benefits since 2005, after a serious and well-documented neck injury sustained in a car accident. A change in her treating physician and a brief surveillance video led the insurer to re-evaluate her claim and declare that she had recovered. The insurer terminated her benefits. Judge Cormac J. Carney was not impressed and reinstated her benefits due under the policy.
January 7, 2019.
Read [ Hewlett-Packard Enterprises Named in Gender Pay Discrimination Lawsuit ]
Santa Clara, CA In late 2018, R. Ross and C. Rogus filed a class action California unpaid wages lawsuit against Hewlett-Packard Enterprise (HPE) that describes a pattern of gender-based pay discrimination. It’s hardly news, you think, that tech giants underpay women.
December 21, 2018.
Read [ Trustmark National Bank Latest Defendant in Excessive Overdraft Fees Lawsuit ]
Jackson, MS In the waning days of December 2018, Cryesha McDonald and Chantal Lewis filed an excessive overdraft fees lawsuit in the U.S. District Court for the Southern District of Mississippi. The lawsuit alleges that Trustmark National Bank assessed overdraft fees in violation of its contractual agreements with customers. Like similar lawsuits brought throughout the country, McDonald v. Trustmark National Bank claims that the bank charges fees on transactions that do not actually overdraft the account. Attorneys for the plaintiffs seek class action status for the lawsuit.
December 17, 2018.
Read [ Jury Awards $25.6 Million in Bad Faith Insurance Lawsuit ]
Oklahoma City, OK In November 2018, a jury awarded nearly $25.6 million to the family of a Oranna Cunningham, a woman who was diagnosed with advanced nasopharyngeal cancer. Her insurer, Aetna, refused to cover the cost of the proton beam therapy recommended by her physician, claiming that it was “experimental or investigational.” After her death, her husband brought a bad faith insurance lawsuit.
December 13, 2018.
Read [ “Face of Channel 4 News” Fired -- Too Old to be Female on TV ]
Nashville, TN News anchor Demetria Kalodimos, who had repeatedly been named the Best Local Reporter and Best Local TV News Personality by the readers of the Nashville Scene, was abruptly fired by WSMV, Channel 4 on December 4, 2017. On November 27, 2018, she filed an employment lawsuit in the Middle District of Tennessee, alleging violations of the federal Age Discrimination in Employment Act (ADEA), the Tennessee Human Rights Act and Disability Act and Tennessee common law. Allegations concerning violations of the federal Civil Rights Act of 1964 are expected to follow.
December 12, 2018.
Read [ SEI Investments Company Accused of Self-Dealing in 401(k) Mismanagement Lawsuit ]
Philadelphia, PA On September 28, 2018, Gordon Stevens filed a class action ERISA lawsuit claiming that his employer, SEI Investments Company, forced him and other SEI 401(k) plan participants into retirement investments that made money for the company, regardless of the employees’ own best interests.
December 7, 2018.
Read [ California Unpaid Wages Lawsuit Goes to Jail ]
San Diego, CA A year and a half ago, Sylvester Owino and Jonathan Gomez filed a California unpaid wages lawsuit against CoreCivic, a for-profit business that runs private prisons, including the Otay Mesa Detention Center in San Diego. The lawsuit alleges violations of federal human trafficking laws and California labor laws relating to minimum wage, overtime, and meal breaks, among other things. Discovery is expected to continue into March 2019, with a trial to follow.
November 24, 2018.
Read [ California Independent Contractor Rules Collapse in Confusion ]
San Diego, CA In 2015 Jesus Cuitlahuac Garcia, a taxi driver, filed a California unpaid wages lawsuit against Border Transportation Group (BTG) claiming unpaid wages, wrongful termination and a variety of related labor law violations. In October 2018, the California Court of Appeal, Fourth Appellate District handed Mr. Garcia an apparently empty victory.
- Excessive Overdraft Fees Lawsuit against DFCU Survives Motion to Dismiss (Nov-23-18)
- Tennessee Drywall Workers Win Unpaid Overtime in DOL Settlement (Nov-21-18)
- Hacks, Embezzlements, and 401(k) Mismanagement – What You Can Do to Protect Your Retirement Nest Egg (Nov-17-18)
- Fibromyalgia Sufferer Brings LTD Lawsuit against Life Insurance Co. of North America (Nov-16-18)
- Sephora Accused of Shorting Workers for Time to Don Makeup (Nov-5-18)
- Is a Health Plan Liable for the Negligence of an Unqualified Claims Reviewer? (Oct-23-18)
- Google Employee Tagged as “Too Old” May Yet Have the Last Word (Oct-23-18)
- Judge Upends $289 Million Monsanto Roundup Cancer Award (Oct-19-18)
- Fidelity Faces Self-Dealing Lawsuit over 401(k) Plan Mismanagement (Oct-18-18)
- 401(k) Lawsuit Continues against Franklin Templeton (Oct-15-18)
- UNUM LTD Claimants Must Beware of Exhaustion of Remedies Roadblock (Oct-15-18)
- Los Angeles Sweatshops Cited for Wage and Hour Violations (Oct-14-18)
- Digital Federal Credit Union Snared in Excessive Overdraft Fees Lawsuit (Oct-3-18)
- Trunk Club Settles California Unpaid Wages Lawsuit for $1.75 Million (Sep-21-18)
- Amputees Fighting for Insurance Coverage Get Tips from Blue Cross Antitrust Lawsuit (Sep-20-18)
- Exotic Dancers Bring California Labor Lawsuit to Recover Back Wages (Sep-18-18)
- Valsartan Recall Lawsuits Filed over Alleged Carcinogenic Contaminants (Sep-17-18)
- Wheeler v. Metropolitan Life Insurance Company Seeks LTD Benefits for Injured Seaman (Sep-14-18)
- New California Class Action Lawsuit Targets Deceptive Bank Fees (Sep-11-18)
- California Court Saves Class Action Wage Claims from Forced Arbitration (Sep-7-18)
- Amputees’ Fight for Insurance Coverage Focuses on ‘Medical Necessity’ of Microprocessor Prosthetics (Sep-4-18)
- CFPB Moves to Protect Students from Overdraft Fees (Aug-28-18)
- Lawsuits Brewing over Insurance Denials for “Smart” Prostheses (Aug-21-18)
- Ninth Circuit Says Pension Plan Participants Cannot be Forced to Arbitrate (Aug-9-18)
- Anthem Denials of Emergency Room CT Scans and MRIs; Patients Sent to Clinics (Aug-6-18)
- California Supreme Court Says Employers Must Pay for De Minimis Off-the-Clock Work (Aug-3-18)
- Sen. McCaskill Probes Anthem Emergency Room Coverage Denials (Jul-28-18)
- Summary Judgment for Lincoln National in Barber v. Lincoln National Life Insurance Company (Jul-25-18)
- Anthem Refuses to Cover Emergency Room Care After the Fact (Jul-18-18)
- Surveillance Sinks Liberty Mutual Long Term Denied Disability Lawsuits (Jul-12-18)
- Supreme Court Restricts Class Action Availability for Wage Theft Violations (Jul-10-18)
- Aon Hewitt Named (again) in Double-Dealing Retirement Plan Lawsuit (Jul-9-18)
- MetLife Refuses to Disclose Background Claim Processing Principles (Jun-28-18)
- Why You Need an Estate Plan (Jun-21-18)
- Credit Union Lawsuit Cites Excessive Overdraft Fees (Jun-20-18)
- Invesco Accused of Treating ERISA Plan Participants as Captive Investors (Jun-13-18)
- Ninth Circuit Champions Wrongly Denied Disability Claimant (Jun-8-18)
- Death by Delay – CFPB Defers Credit Union Overdraft Regulations into Indefinite Future (May-22-18)
- Home Depot Employees File ERISA Class Action Lawsuit over 401(k) Mismanagement (May-9-18)
- Class Action Status Critical to California Donning and Doffing Wage Lawsuit (May-8-18)