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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.


Court Greenlights Class Action Status for Home Depot 401k ERISA Lawsuit

October 22, 2020.
Atlanta, GA On September 21, the District Court for the Northern District of Georgia ruled that an ERISA lawsuit brought by participants in the Home Depot FutureBuilder 401(k) Plan against plan fiduciaries could proceed as a class action lawsuit. Pizarro v. The Home Depot is particularly notable for the number of participant who may be affected – now estimated to top 300,000.
Read [ Court Greenlights Class Action Status for Home Depot 401k ERISA Lawsuit ]

Google Worker Secrecy Agreements to face California Labor Lawsuit

October 19, 2020.
San Francisco, CA On September 21 the California Court of Appeals ruled that Google and Adecco USA, Inc., a staffing company, must face allegations that the confidentiality agreements required of all Google employees violate the California Labor Code. Among other remedies, Doe v. Google seeks penalties under the California Private Attorneys General Act (PAGA), in which as many as 65,000 Google employees might share. The sum of money could be massive, even for the tech giant.
Read [ Google Worker Secrecy Agreements to face California Labor Lawsuit ]

OSF Church Plan Participants Settle for “ERISA Lite”

October 11, 2020.
Benton, IL Participants in the OSF Plans have agreed to settle an ERISA lawsuit, against OSF Healthcare System and related parties, which challenged the plan’s status a church plan. The settlement will require OSF to contribute $25 million over 5 years to the plans, and to provide participants with documents disclosing plan provisions and changes. In addition, participants will be permitted to request twice-yearly statements of their expected benefits.
Read [ OSF Church Plan Participants Settle for “ERISA Lite” ]

It’s “Your Money or Your Life” for Senior Workers

October 2, 2020.
Sacramento, CA  A nationwide flood of Covid-19-driven age discrimination lawsuits suggests that similar surge in California labor lawsuits is imminent. A New York case may be a harbinger of things to come. In Kanyuk v. Shearman & Sterling, LLP, a 62-year-old employee was the first to be fired in a wave of Covid-19-related layoffs. The employer claimed that the layoff was necessary for economic reasons. The worker cried age discrimination.
Read [ It’s “Your Money or Your Life” for Senior Workers ]

Textured Breast Implants from Six More Manufacturers Linked to BIA-ALCL

October 1, 2020.
Washington, DC  A recently published study links breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) to implants manufactured by seven pharmaceutical companies. In addition to Allergan, the manufacturer of Biocell textured breast implants, the study names Mentor Worldwide, a unit of Johnson & Johnson, Silimed Polyurethane, Eurosilicone, Nagor, Orion, and Poly Implant Prothèse. Allergan faces at least 150 product liability and class action lawsuits. Mentor faces a smaller number, and none of the others are yet facing litigation.
Read [ Textured Breast Implants from Six More Manufacturers Linked to BIA-ALCL ]

ETHICON SURGICAL STAPLERS RECALLED AFTER REPORTS OF SERIOUS MEDICAL HARM

September 25, 2020.
Somerville, NJ In mid-October 2019, the FDA recalled Ethicon Echelon Flex surgical staplers because of a dangerous manufacturing failure that could cause serious health damage or even death. This followed, by only a few months, a recall of Ethicon Endo-Surgery curved intraluminal staplers, a defective medical product that posed similar dangers to patients.
Read [ ETHICON SURGICAL STAPLERS RECALLED AFTER REPORTS OF SERIOUS MEDICAL HARM ]

California Refinery Workers Clinch $4.4 Settlement in Rest Break Lawsuit

September 24, 2020.
Los Angeles, CA On August 24, the District Court for the Central District of California gave final approval to a settlement under which ExxonMobil, PBF Energy Limited and Torrance Refining Company, LLC will pay a total of nearly $4.4 million to settle a class action lawsuit in which refinery workers claim that they were denied the paid rest breaks required under California labor law.
Read [ California Refinery Workers Clinch $4.4 Settlement in Rest Break Lawsuit ]

ERISA Lawsuit Targets ESOP Scam

September 21, 2020.
Wilmington, DE Set against the backdrop of California’s notorious water wars, the 1974 film “Chinatown,” focuses on the mysterious Evelyn, who must finally explain whether a young girl is her daughter or her sister. The awful truth unfolds. She is murdered – shot through the eye as her daughter or sister screams. Evelyn’s private detective/lover is told to leave it alone; he doesn’t understand what’s going on. His partner utters the grim tagline, “Forget it Jake; it’s Chinatown,” from which the movie takes its title. In Alvarez v. Wilmington Trust, the latest Wilmington Trust ERISA lawsuit, the prize at the center of the story is not water rights, but the vast sums of money held in Employee Stock Ownership Plans, ERISA retirement plans designed to invest primarily in employer stock.
Read [ ERISA Lawsuit Targets ESOP Scam ]

Are Employers’ Facebook Recruiting Practices Exempt from Age Discrimination Laws?

September 16, 2020.
San Francisco, CA Bradley et al v. T-Mobile US Inc. et al., a long-running lawsuit first filed in 2017, alleges that T-Mobile’s Facebook recruitment practices violated the Age Discrimination in Employment Act (ADEA). The nationwide, class action lawsuit also alleges violations of the California labor code and other state laws.
Read [ Are Employers’ Facebook Recruiting Practices Exempt from Age Discrimination Laws? ]

FDA Update on BIA-ALCL Finds More Cases, More Deaths

September 15, 2020.
Silver Spring, MD  On August 20, the U.S. Food and Drug Administration provided an update on adverse events relating to breast implants, including breast implant-associated anaplastic large cell lymphoma. The new FDA update on BIA-ALCL reports a total of 733 cases and 36 patient deaths globally, an increase of 160 new cases and 3 deaths since July 2019. Of those 733 cases, 84.6 percent involved Allergan implants.
Read [ FDA Update on BIA-ALCL Finds More Cases, More Deaths ]

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