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.
November 5, 2018.
Read [ Sephora Accused of Shorting Workers for Time to Don Makeup ]
San Francisco, CA Cosmetics retailer, Sephora, has recently found itself embroiled in several California unpaid wages lawsuits. The allegations are similar from lawsuit to lawsuit, and so are the plaintiffs’ evidentiary problems.
October 23, 2018.
Read [ Is a Health Plan Liable for the Negligence of an Unqualified Claims Reviewer? ]
Sherman, TX Johnson v. UnitedHealthcare raises more questions than it answers about how ERISA protects health plan participants who bring bad faith insurance lawsuits over denied medical claims. Stephen Johnson had more than his share of hardship. The law hasn’t helped him. But it’s a complicated story that will affect claimants and health insurers denying medical claims in California and throughout the country. So hang on.
October 23, 2018.
Read [ Google Employee Tagged as “Too Old” May Yet Have the Last Word ]
San Jose, CA Cheryl Fillekes’s age discrimination lawsuit against Google alleges violations of the federal Age Discrimination in Employment Act (ADEA) and corresponding provisions of California labor law, the Fair Housing and Employment Discrimination Act (FEHA). Having cleared the hurdle of class action certification, it now appears poised to settle.
October 19, 2018.
Read [ Judge Upends $289 Million Monsanto Roundup Cancer Award ]
San Francisco, CA On October 11, 2018, San Francisco Superior Court Judge Suzanne Bolanos tentatively ruled that she would toss out the jury’s $250 million punitive damage award and schedule a new trial on that issue. The judge also suggested she may also drastically reduce the $39 million compensatory damage portion of the Monsanto glyphosate lawsuit award. The final ruling is due on October 22. The results of this trial are expected to have significant impact on the hundreds of Roundup cancer lawsuits now pending.
October 18, 2018.
Read [ Fidelity Faces Self-Dealing Lawsuit over 401(k) Plan Mismanagement ]
Boston, MA On October 10, 2018, participants in the Fidelity Retirement Savings Plan filed a class action ERISA pension plan lawsuit against the Plan’s fiduciaries. The Complaint alleges that the Plan fiduciaries breached their duties under ERISA, thus harming the Plan and its participants and beneficiaries.
October 15, 2018.
Read [ 401(k) Lawsuit Continues against Franklin Templeton ]
San Francisco, CA An ERISA pension plan lawsuit has survived numerous procedural challenges and will proceed as a class action against investment manager Franklin Templeton. Fernandez v. Franklin Resources Inc. claims that the fiduciaries in charge of managing the Franklin Templeton 401(k) Plan breached their duty to plan participants by causing the Plan to invest in funds offered and managed by Franklin Templeton, when better-performing and lower-cost funds choices were available. The motive was to benefit Franklin Templeton’s investment management business.
October 15, 2018.
Read [ UNUM LTD Claimants Must Beware of Exhaustion of Remedies Roadblock ]
Chattanooga, TN On September 25, 2018, the Sixth Circuit Court of Appeals granted UNUM Life Insurance’s motion for summary judgment, thus ending Richard Ravenscraft’s UNUM disability lawsuit on the grounds that he had not exhausted administrative remedies. These are the rocks on which many long term disability lawsuits have been dashed.
October 14, 2018.
Read [ Los Angeles Sweatshops Cited for Wage and Hour Violations ]
Los Angeles, CA In early September 2018, the California Labor Commissioner’s Office fined six garment contractors a total of $573,704 for labor law violations after uncovering a scheme where the contractors operated illegally under one license to avoid complying with California wage and hour laws. But what happens to the workers? Garment workers making far less than minimum wage, most without legal status, are hardly likely to bring California unpaid wages lawsuits. The best answer may lie in California’s specialized garment worker wage claim adjudication process. Even that may require some legal assistance, though.
October 3, 2018.
Read [ Digital Federal Credit Union Snared in Excessive Overdraft Fees Lawsuit ]
Boston, MAThe allegations in the latest excessive overdraft fees lawsuit against Digital Federal Credit Union (DFCU) may seem familiar by now. It is about two different ways of calculating an account balance – one which the consumer saw, and the other, lower number, which DFCU kept much closer to the vest. Similar lawsuits have been filed against Landmark Credit Union, Summit Credit Union, Pentagon Federal Credit Union and Boeing Employees Credit Union.
September 21, 2018.
Read [ Trunk Club Settles California Unpaid Wages Lawsuit for $1.75 Million ]
Los Angeles, CA The District Court for the Central District of California has approved an agreement under which Trunk Club, Inc., a Nordstrom-owned personal styling service, will pay $1.75 million to settle a class action California unpaid wages lawsuit. The settlement amount will be divided among 3,000 stylists located throughout the country.
- 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)
- Fibromyalgia sufferer wins denied disability claim lawsuit against Hartford (May-4-18)
- MB Financial Facing Lawsuit re $6,000 in Overdraft Fees (Apr-30-18)
- Another Chance after LTD Denial? Arbitrary and Capricious Standard Continues to Crumble in MetLife Lawsuit (Apr-25-18)
- The Curious Case of the Disappearing DePuy Damages (Mar-24-18)
- New Evidence Reopens Scotts Turf Builder Mesothelioma Lawsuit (Mar-20-18)
- Indiana Woman Wins $35 Million in Johnson & Johnson Transvaginal Mesh Lawsuit (Mar-18-18)
- Liberty Mutual Administrator Must Consider Evidence of 'Broken Heart' (Mar-13-18)
- A New Way for Unum Lawsuit Plaintiffs to Fight Biased Medical Review (Mar-5-18)
- Takata Settles with 44 States. No Dough, Though (Mar-1-18)
- Deadly Onglyza Side Effects Set in Fast and Lawsuits Lumber On (Feb-25-18)
- Worker Claims Employment Discrimination Based on her Asian Heritage (Feb-22-18)
- It's Alive! Class Action Lawsuit against Capital One Bank is Back On (Feb-18-18)
- California Woman Slams J&J, Ethicon with 7-Count Physiomesh Lawsuit (Feb-15-18)
- Minnesota Consumer Sues Capital One over 128 Bill Collector Robocalls to Cellular Phone (Feb-6-18)