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 21, 2019.
Read [ Goldman Sachs 401k Plan Participants file ERISA Lawsuit over Self-Dealing ]
New York, NY A class action ERISA lawsuit filed on October 25 in the Southern District of New York claims that Goldman Sachs Inc. and related defendants failed to administer the Goldman Sachs Group Inc. 401k plan prudently and in the best interest of participants. Instead, Falberg v. Goldman Sachs Group Inc. alleges that Goldman managed the plan to benefit the company at the expense of participants. Plan fiduciaries did this by keeping many underperforming proprietary mutual funds in the investment lineup.
November 13, 2019.
Read [ Players Challenge NCAA Pay Caps ]
Oakland, CA Here’s the big question: Does it make sense to resolve pay cap disputes between college athletes and the NCAA under federal antitrust law; or will justice be better served if courts understand the issue through the lens of wage and hour laws, including California labor law?
November 11, 2019.
Read [ Philadelphia Federal Credit Union Accused of “Gouging” Consumers with Multiple NSF Fees ]
Philadelphia, PA “Gouging” is often implied, but rarely actually said excessive overdraft fee lawsuits. But there it is, in the class action lawsuit’s description of Philadelphia Federal Credit Union’s practice of charging multiple $28 insufficient fee charges for the same transaction and PFCU’s legal duty not to “[exercise] its discretion to enrich itself and gouge its customers.” It’s hot language, but a simple story.
November 7, 2019.
Read [ Intel Corp. Investment Policy Committee v. Sulyma to shape ERISA fiduciary lawsuits ]
Washington, DCOn December 4, the US Supreme Court will hear arguments in an ERISA lawsuit that may have lasting implications for the ability of plan participants to sue over mismanagement of retirement funds. As Christopher Sulyma argues in his Supreme Court brief, ERISA plan participants should not be assumed to know about (and perhaps have consented to) suspect financial decisions disclosed in a “Russian nesting doll” style series of linked online documents.
November 6, 2019.
Read [ Delta Settles Overtime Lawsuit for $3.5 Million ]
Los Angeles, CADelta Air Lines has agreed to pay $3.5 million to a class of approximately 3,300 past and present Delta workers to settle claims that the airline failed to pay overtime as required under the provisions of California labor law. The dispute centered on a complicated pay formula that included shift differential pay, non-discretionary bonuses, profit-sharing payments, and the fair market value of employee travel passes.
November 4, 2019.
Read [ Consumers Bring DoorDash Lawsuit over Stolen Tips ]
San Francisco, CA DoorDash customers, Jennifer Peter and Karson Theiss, have filed a class action lawsuit in the Northern District of California alleging that DoorDash’s practice of pocketing tips intended for delivery drivers is an unfair business practice that misleads those who use the delivery service. Many who follow the litigation surrounding DoorDash may already be familiar with California labor lawsuits that claim that DoorDash drivers are misclassified as independent contractors.
October 23, 2019.
Read [ Southwest Airlines Pilots Get $18.8 Million Settlement ]
City, CA On October 4, the Northern District of California approved a settlement that will pay roughly 2,000 Southwest Airlines pilots close to $19 million for benefits that Southwest allegedly failed to credit during short periods of military leave. The lawsuit that prompted the settlement is grounded in the Uniform Services Employment and Reemployment Rights Act (USERRA), rather than the provisions of California labor law.
October 22, 2019.
Read [ College Athletes: Fair Pay to Play Act ]
Sacramento, CA Gov. Gavin Newsome signed the Fair Play to Pay Act into law on September 30. The law would prevent California state and private universities from prohibiting student athletes from making money from endorsement deals. So far, the coverage has focused on looming disputes and likely lawsuits between the schools and the National Collegiate Athletic Association, rather than the finer points of California labor law.
October 21, 2019.
Read [ Did the Ninth Circuit Gut ERISA Enforcement in Schwab 401k Mismanagement Lawsuit? ]
San Francisco, CA In August, the Ninth Circuit ruled that Charles Schwab Corp. could force plan participants to individually arbitrate their claims that fiduciaries of the Schwab Retirement Savings and Investment Plan (Plan) had mismanaged plan assets. The ERISA lawsuit decision sent shock waves through the Ninth Circuit as it appears to reverse nearly 35 years of judicial precedent about forced arbitration of ERISA claims.
October 16, 2019.
Read [ United Federal Credit Union Settles Excessive Overdraft Fee Lawsuit for $1.75 Million ]
Reno, NV On July 23, 2015, Tonya Gunter had enough money in her checking account to cover her transactions. Nonetheless, United Federal Credit Union (UFCU) charged her eight $30 overdraft fees because her “available balance,” a different and arguably artificially defined number, was too low. Gunter sued. United Federal Credit Union has now agreed to settle Gunter’s class action excessive overdraft fee lawsuit for $1.75 million.
- Court Rejects $1.75 Million Hertz Wage Lawsuit Settlement for the Third Time (Oct-11-19)
- Safeway 401k Plan to Settle ERISA lawsuit for $8.5 Million (Oct-9-19)
- Plaintiffs Cry Foul over $10.2 Million Morgan Stanley Settlement Offer (Oct-3-19)
- Diamonds and Wage Theft (Sep-25-19)
- USAA Bank Forces Individual Arbitration of Excessive Overdraft Fee Claims (Sep-17-19)
- What’s Next for Ethicon Hernia Mesh Lawsuits? (Sep-12-19)
- Fiduciaries’ Desperate Drive to Fund Benefits Backfires (Sep-11-19)
- California In-Home Supportive Services Workers get New Wage Protections under Federal Law (Sep-9-19)
- ERISA Lawsuit Charges Plan with Mismanaging Both High and Low Yield Investment Choices (Aug-23-19)
- California Labor Lawsuit Targets Meal Break Violations (Aug-21-19)
- Department of Justice Probe Continues as Ford Fuel Economy Lawsuits Heat Up (Aug-12-19)
- VyStar Credit Union Accused of Assessing NSF Fees Multiple Times for Same Transaction (Aug-8-19)
- Fidelity 401k Fiduciary Lawsuits Consolidated in Massachusetts (Aug-7-19)
- Uber to Settle Class Action Contract Lawsuit for $395,000 (Aug-5-19)
- Dignity Health Poised to Settle ERISA Lawsuit for $100 Million (Jul-30-19)
- $1.2 Billion Class Action Lawsuit Targets Ford Fuel Economy Claims (Jul-29-19)
- Forced Arbitration Threatens Class Action Excessive Overdraft Fees Lawsuits (Jul-18-19)
- Monsanto Accused of Fudging Glyphosate Evidence (Jul-17-19)
- Ninth Circuit Confirms Death of “De Minimus” Rule in California Wage and Hour Lawsuits (Jul-15-19)
- Forced Arbitration, Stock Drop Disputes and ACA Repeal Loom Large for ERISA Lawsuits in Latter Half of 2019 (Jul-12-19)
- New FLSA Interpretation Would Limit Worker Wage Lawsuits (Jul-5-19)
- UCSD Study: Monsanto Roundup Linked to Liver Disease (Jun-27-19)
- Too Hard to Eat Lunch? – That Cost Wal-Mart $6 Million (Jun-26-19)
- $80 Million Verdict in Ethicon Prolift Pelvic Mesh Lawsuit (Jun-17-19)
- Still No Pay for California Residential Care Workers (Jun-14-19)
- Monsanto Roundup: Killer Cocktail? (Jun-12-19)
- Georgia Court of Appeals Affirms Class Action Status for Excessive Overdraft Fees Lawsuit (Jun-7-19)
- Did Northrup Grumman Squander ERISA Pension Money? (Jun-5-19)
- Jolene Provencio stood up for a co-worker. Then Intel drove her out of her job. (May-27-19)
- Jury Awards Alberta and Alva Pilliod more than $2 Billion in Roundup Cancer Case (May-20-19)
- Expert in ERISA Lawsuit Stumped by Basic Questions (May-17-19)
- President (of Yale) Can’t Dodge Deposition (May-9-19)
- Online Lender Settles with FTC for $3.85 Million (May-8-19)
- Glasswerks L.A, Inc. to pay $1.3 Million to Settle California Unpaid Wages Lawsuit (May-7-19)
- Monsanto Trial: Fake Evidence or Phony Expert? (May-3-19)
- Latest ERISA Lawsuit News – 401k Mismanagement Lawsuits Going Strong, New Settlement in Treatment Denial Case (Apr-26-19)
- $24.5 Million Settlement in Navy Federal Credit Union Excessive Overdraft Fees Lawsuit (Apr-23-19)
- Sickening Stock Drop Prompts Boeing 737 ERISA Lawsuit (Apr-19-19)
- Uber Settles Driver Lawsuit for $20 Million (Apr-18-19)
- Jury Awards Edwin Hardeman $80.2 Million in Roundup Cancer Lawsuit (Apr-15-19)