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LAWSUITS NEWS & LEGAL INFORMATION

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.


Oman v. Delta Airlines is Done. Virgin America v. Bernstein Looms on the Horizon

May 20, 2022.
Washington, DC On January 10, the U.S. Supreme Court denied Delta Airline’s petition for certiorari, in which it sought review of the question of whether the Constitution’s Article I Commerce Clause and the federal Airline Deregulation Act (ADA) exempted airlines from California labor law’s wage and hour regulations. This left intact the Ninth Circuit’s decision that the airline violated California minimum wage, overtime, meal and break, timekeeping, and wage statement rules.
Read [ Oman v. Delta Airlines is Done. Virgin America v. Bernstein Looms on the Horizon ]

Plaintiffs Seek Recusal of Latest Judge in Home Depot ERISA Lawsuit

May 16, 2022.
Atlanta, GA On April 15, plaintiffs in Pizarro v. The Home Depot asked U.S. District Judge Steven D. Grimberg to recuse himself because of his association with the Chamber of Commerce, which had filed an amicus curiae brief in support of The Home Depot in 2021. The $140 million class action ERISA lawsuit was assigned to Judge Grimberg on March 4 of this year only after Judge William M. Ray II, who had previously presided over the case, recused himself because he was about to inherit Home Depot stock. This is the fourth re-assignment sought by the plaintiffs.
Read [ Plaintiffs Seek Recusal of Latest Judge in Home Depot ERISA Lawsuit ]

Alcoa Fights Retirees’ ERISA Lawsuit over Health Benefits Plan

May 10, 2022.
Evansville, IN In December 2020, Alcoa USA Corp. retirees brought an ERISA lawsuit in the Southern District of Indiana to block Alcoa’s announced plan to change the way in which it provided collectively bargained retiree health benefits. The changes at issue in Kaiser v. Alcoa USA Corp. (originally captioned Simpkins v. Alcoa USA Corp.) became effective in 2021 and affect roughly 3,000 retirees and spouses. They were made unilaterally by Alcoa, apparently without negotiating with the workers’ collective bargaining representative.
Read [ Alcoa Fights Retirees’ ERISA Lawsuit over Health Benefits Plan ]

MLB Farm Team Players to Get Their Day in Court

May 6, 2022.
San Francisco, CA  The class and collective wage claims of minor league baseball players in the long running Senne v. Office of the Commissioner of Baseball will finally go to trial on June 1 in the Northern District of California. The only remaining questions for the California players, according to the plaintiffs’ trial plan, involve the determination of hours worked and the damages and penalties owed under California labor law.
Read [ MLB Farm Team Players to Get Their Day in Court ]

Debtor-in-Possession Bankruptcy for MD Helicopters?

May 3, 2022.
Wilmington, DE MD Helicopters Inc. appears to have secured financing that will allow the company to emerge from bankruptcy as an operating business. The company’s Chapter 11 bankruptcy petition was, however, only the latest twist in a case that began as a whistleblower lawsuit in 2013.
Read [ Debtor-in-Possession Bankruptcy for MD Helicopters? ]

Teamsters Sue UPS for Pension and Welfare Contributions

April 30, 2022.
Newark, NJ On March 23, the Trustees of the Teamsters Pension Trust Fund of Philadelphia and Vicinity filed a lawsuit in federal court in New Jersey, alleging that UPS had failed to make required contributions to the pension and welfare funds for 2015. The ERISA lawsuit seeks nearly $300,000 in unpaid contributions to the two plans plus attorneys’ fees and other costs.
Read [ Teamsters Sue UPS for Pension and Welfare Contributions ]

Coca-Cola Bottler to Settle ERISA lawsuit for $3.5 Million

March 21, 2022.
Charlotte, NC Large independent bottler, Coca-Cola Consolidated Inc., has agreed to pay $3.5 million to settle a class-action breach of fiduciary duty lawsuit that could have involved thousands of plan participants. The ERISA lawsuit was originally brought in 2020 by two participants in the Coca-Cola Consolidated, Inc. 401k Plan. Cheyenne Jones v. Coca-Cola Consolidated Inc. alleges that the plan’s administrative committee breached its fiduciary duty to participants by failing to monitor unreasonable fees and the poor performance of a risky investment option.
Read [ Coca-Cola Bottler to Settle ERISA lawsuit for $3.5 Million ]

UnitedHealthcare Cites Upcoding Fraud in Lawsuit against Emergency Room Staffing Company

March 9, 2022.
Knoxville, TN On October 27, 2021, UnitedHealthcare filed a lawsuit against TeamHealth Holdings in the Eastern District of Tennessee. UnitedHealthcare Services v. TeamHealth Holdings, the ER fees lawsuit, charges that TeamHealth routinely overcharged emergency room patients for minor medical needs. UHC, as the administrator for many of those claims, alleges that it overpaid by as much as $100 million. The company claims that TeamHealth’s tactics crossed the line from aggressive profit maximization to outright fraud.
Read [ UnitedHealthcare Cites Upcoding Fraud in Lawsuit against Emergency Room Staffing Company ]

United Airlines Pilots and Flight Attendants Seek Summary Judgment in Pay Stub Fight

February 20, 2022.
Los Angeles, CA – On January 12, United Airlines pilots and flight attendants asked the Central District of California to find that the pay statements they received from the airline violate section 226 of the California Labor Code because the statements do not include hourly rates or hours worked and are not easily understandable. Felicia Vidrio v. United Airlines Inc., a class action lawsuit, was dismissed by the same court in 2017. The decision now appears ripe for reconsideration following the Ninth Circuit’s 2021 decision in Ward v. United Airlines.
Read [ United Airlines Pilots and Flight Attendants Seek Summary Judgment in Pay Stub Fight ]

Female Walmart Driver Files Civil Rights Lawsuit over Discriminatory Uniform Policy

February 17, 2022.
Huntsville, AL  On January 11, 2022, Walmart delivery driver Diana Webb filed a class action lawsuit in the Northern District of Alabama claiming that Walmart discriminates against female delivery drivers in violation of Title VII of the Civil Rights Act of 1964 by effectively forcing them to wear men’s uniform pants. To labor the obvious, men’s pants do not fit women well, and they are uncomfortable.
Read [ Female Walmart Driver Files Civil Rights Lawsuit over Discriminatory Uniform Policy ]

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