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.
February 7, 2023.
Read [ In Utah Nonpatients Can Sue for Medical Malpractice (Sometimes) ]
Salt Lake City, UT In 2016, the Utah legislature amended existing medical malpractice law to permit people who are not patients to sue a medical practitioner for medical negligence – but only in some circumstances. The amended law appears to codify the Utah Supreme Court’s 2012 decision in B.R. v. West, a particularly gruesome murder case.
January 30, 2023.
Read [ ERISA Lawsuit Settlement Hits Stumbling Block ]
Cincinnati, OH The partial settlement of Berry v. FirstGroup America, which seemed like a sure thing less than a month ago, has hit a snag that may require substantial changes. The class action ERISA lawsuit alleged that FirstGroup America removed well-performing investment funds from the FirstGroup America, Inc. Retirement Savings Plan (the “Plan”) and replaced them with newly-launched Hewitt funds. The plan fiduciaries made this change at the urging of Hewitt, its investment adviser (later known as “Aon Hewitt” and now “Aon”). The results were disastrous. Plan participants allegedly lost tens of millions of dollars.
January 24, 2023.
Read [ Can PAGA Claims Survive U.S. Supreme Court’s Pro-Arbitration Decisions? ]
San Francisco, CA In 2023, in Adolph v. Uber Technologies, the California Supreme Court will decide whether non-individual Private Attorneys General Act (PAGA) claims can be heard in a courtroom, rather than before an arbitration panel. This is profoundly significant for lawsuits brought under the California Labor Code because many savvy employers now require employees to agree to arbitrate any disputes and to waive their rights to assert PAGA claims. Employer arbitration panels are where workers’ wage and hour claims go to die. PAGA claims have been the exception.
December 29, 2022.
Read [ Jury Awards Idaho Man $7.96 Million in Medical Malpractice Lawsuit ]
Boise, ID Shane Ackerschott hurt his back lifting freight at work, but that wasn’t what put him in a wheelchair for the rest of his life. An Idaho jury found that Ackerschcott became paralyzed from the waist down because of medical malpractice at the urgent care clinic he and his wife, Rebecca, visited. The jury in Ackerschott v. Mountain View Hospital awarded them $7.96 million.
December 28, 2022.
Read [ L3 Technologies ERISA Lawsuit Seeks Class Action Status ]
Orlando, FL On November 28, a group of former employees for defense contractor L3Harris Technologies Inc. asked the District Court for the Middle District of Florida to grant class action status to their ERISA lawsuit. Stengl v. L3Harris Technologies Inc. alleges that the fiduciaries of L3 Technologies Master Savings Plan, (the “Master Plan”) a predecessor to the L3Harris retirement plan, (the “L3Harris Plan”) failed to prudently monitor costs and investment performance of plan assets in violation of ERISA.
December 27, 2022.
Read [ Asbestos Mesothelioma Victims Stymied by Bestwall LLC Bankruptcy ]
Richmond, VA On December 6, asbestos mesothelioma claimants asked a Fourth Circuit panel for permission to pursue their claims against Georgia-Pacific, the corporate parent of Bestwall LLC, which has filed for Chapter11 bankruptcy protection. The fundamental question in Bestwall LLC et al. v. Official Committee of Asbestos Claimants is whether the complicated corporate restructuring that preceded Bestwall’s bankruptcy was done in good faith, or whether it was a ruse designed to shield corporate assets from the claims of workers who were sickened by their exposure to asbestos. There is nearly 100 years of history behind this.
December 26, 2022.
Read [ California Files PFAS/PFOA Lawsuit against 3M Company ]
Alameda, CA On November 10, the state of California filed a perfluoroalkyl and polyfluoroalkyl (PFAS/PFOA) lawsuit in California Superior Court against 3M Co. and more than a dozen other defendants involved in the manufacture and distribution of these toxic “forever chemicals.” California v. 3M Company alleges that these substances, which have been widely used in the manufacture of products from firefighting foam to dental floss, have contaminated soil and water supplies and are now found in the bloodstreams of 98 percent of California’s 39 million people. Even at low concentrations, they have been linked to cancer and a variety of other health problems.
December 13, 2022.
Read [ DOL Files Unpaid Wages Lawsuit on Behalf of Home Healthcare Workers ]
Washington, DC On July 25, the U.S. Department of Labor filed a lawsuit on behalf of 25 home healthcare workers employed by Getch, Inc. and its owner Gregory B. Getchell. The unpaid wages lawsuit seeks to recover $75,101 in overtime pay and to enjoin the employer from a pattern repeated violations of the Fair Labor Standards Act (FLSA).
December 12, 2022.
Read [ Yale University Pension Plan Lawsuit Heading to Jury Trial ]
Hartford, CT On October 21, 2022, the Federal District Court for the District of Connecticut held that participants in the Yale University Retirement Account Plan will have an opportunity to present their allegations of financial mismanagement to a jury. The ERISA lawsuit alleges that plan administrators violated their ERISA fiduciary duty to plan participants by allowing the plan to incur excessive costs, unreasonably delaying a decision to switch to a single recordkeeper and permitting a recordkeeper to aggressively market services outside the plan to participants. The plaintiffs in Vellali v. Yale Univ. allege that these failures cost participants millions of dollars in excess fees.
December 5, 2022.
Read [ North Carolina Sues 3M Co. for PFAS/PFOA Environmental Damage ]
Wilmington, NC On November 4, 2022 North Carolina Attorney General Josh Stein filed four separate per-and polyfluoroalkyl substances (PFAS) and perfluorooctanoic acid (PFOA) state court lawsuits in Mecklenburg, Wayne and Stanly Counties. This is in addition to federal Camp LeJeune toxic tort lawsuits that have been consolidated in the Eastern District North Carolina.
- Booz Allen Hamilton BlackRock Target Date Funds at Heart of New ERISA Lawsuit (Dec-4-22)
- Time Spent “Booting Up” Computers may be Compensable (Nov-29-22)
- Department of Defense to Stop Using PFAS-Based Firefighting Foam in 2024 (Nov-14-22)
- Veteran Files Camp LeJeune Contaminated Water Lawsuit (Nov-7-22)
- Parties to Settle 401k Fiduciary Breach Lawsuit in Reichert v. Juniper Networks, Inc. (Oct-31-22)
- Assisted Living Operator to Settle Wage and Hour Lawsuit for $9.5 Million (Oct-18-22)
- CDC: Preemies and Low Birth Weight Babies Have No Access to Breast Milk at 13 Percent of Neonatal Intensive C (Oct-11-22)
- $90 Million Missing -- “Embezzlement and fraud,” cry AME Pastors in Pension Lawsuit (Sep-14-22)
- Class Action Toxic Tort Lawsuit Filed in Camp LeJeune Water Contamination Case (Sep-12-22)
- Costco Settles Excessive Fee ERISA Lawsuit for $5.1 Million (Aug-29-22)
- U.S. v. Academy Mortgage Corp., Episode Too-Many-to-Count, “The Whistleblower Strikes Back” (Aug-28-22)
- United Airlines Appears to Stiff Early Retirees (Aug-8-22)
- Supreme Court Deals Blow to California PAGA Claims (Jul-31-22)
- U.S. v. Academy Mortgage Corp., the Whistleblower Lawsuit that Will not Die (Jul-27-22)
- Former Head of Third-Party Billing Company on trial for Health Care Fraud (Jul-21-22)
- Mental Health Patient Advocates Fight Wit Reversal (Jul-18-22)
- The Big Story of UBS Whistleblower Lawsuit (Jul-7-22)
- Can my Employer Cut my Health Benefits after I Retire? (Jul-6-22)
- Increased Emergency Room Charges Loom for Patients at Critical Access Hospitals (Jul-5-22)
- Whistleblower Outed Abbott Labs Two Years Before FDA Closed Sturgis Plant (Jun-20-22)
- ERISA Lawsuit Alleges that ESOP Fiduciaries Cheated Participants (May-31-22)
- Matco Tools Settles California Misclassification Lawsuit for $15.8 Million (May-31-22)
- Kickback Scheme Spawns Humira Whistleblower Lawsuit and Investor Backlash (May-30-22)
- Oman v. Delta Airlines is Done. Virgin America v. Bernstein Looms on the Horizon (May-20-22)
- Plaintiffs Seek Recusal of Latest Judge in Home Depot ERISA Lawsuit (May-16-22)
- Alcoa Fights Retirees’ ERISA Lawsuit over Health Benefits Plan (May-10-22)
- MLB Farm Team Players to Get Their Day in Court (May-6-22)
- Debtor-in-Possession Bankruptcy for MD Helicopters? (May-3-22)
- Teamsters Sue UPS for Pension and Welfare Contributions (Apr-30-22)
- Coca-Cola Bottler to Settle ERISA lawsuit for $3.5 Million (Mar-21-22)
- UnitedHealthcare Cites Upcoding Fraud in Lawsuit against Emergency Room Staffing Company (Mar-9-22)
- United Airlines Pilots and Flight Attendants Seek Summary Judgment in Pay Stub Fight (Feb-20-22)
- Female Walmart Driver Files Civil Rights Lawsuit over Discriminatory Uniform Policy (Feb-17-22)
- ERISA Lawsuit Nets Nearly $9.4 Million for Plan Participants (Feb-10-22)
- ERISA Lawsuit Against UnitedHealth Subsidiary Gets Class Action Status (Jan-7-22)
- Bronson Healthcare to Settle Excessive Fee ERISA Lawsuit (Dec-29-21)
- Unions and Musicians Poised to Settle Royalty Lawsuit for $8 Million (Dec-28-21)
- Starbucks Faces Age Discrimination Lawsuit (Dec-26-21)
- University of Miami to Settle ERISA Lawsuit for $1.85 Million (Dec-23-21)
- Supreme Court Asks Solicitor General for Brief in California Trucking Lawsuit (Dec-20-21)