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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.


Amputees Fighting for Insurance Coverage Get Tips from Blue Cross Antitrust Lawsuit

September 20, 2018.
Wilmington, DE As amputees fight for insurance coverage for advanced, microprocessor- assisted prostheses, it can help to look at other insurance lawsuits that describe a similar pattern of claims denials.
Read [ Amputees Fighting for Insurance Coverage Get Tips from Blue Cross Antitrust Lawsuit ]

Exotic Dancers Bring California Labor Lawsuit to Recover Back Wages

September 18, 2018.
Santa Ana, CA By a July 18, 2018 Order, the Superior Court of Orange County ruled that the new Dynamex “ABC” test for determining whether workers are employees or independent contractors should be applied retroactively. The decision in Dynamex v. Superior Court of Los Angeles County was already expected to have far reaching consequences. The ruling in Johnson v. VCG-IS LLC suggests that employer liability for violations of the California Labor Code arising from the new understanding of legal standards may reach years back in time.
Read [ Exotic Dancers Bring California Labor Lawsuit to Recover Back Wages ]

Valsartan Recall Lawsuits Filed over Alleged Carcinogenic Contaminants

September 17, 2018.
Washington, DC On August 27, 2018, the Food and Drug Administration published updated press information that expands its original July 17 valsartan recall notice. Sixteen companies have now announced voluntary recalls of blood pressure and heart medications.
Read [ Valsartan Recall Lawsuits Filed over Alleged Carcinogenic Contaminants ]

Wheeler v. Metropolitan Life Insurance Company Seeks LTD Benefits for Injured Seaman

September 14, 2018.
San Diego, CA Christopher Wheeler was a Coxswain/Diesel mechanic, a contractor doing heavy physical work for the U.S. Navy Fifth Fleet. On March 17, 2015, he was badly injured during a storm at sea off Bahrain. Hospitals and rehab landed him a computer job for which he had no aptitude or training. When that didn’t work out, his employer, Exelis, Inc. terminated his employment and Metropolitan Life Insurance (MetLife) denied his long term disability benefit application. He filed a long term denied disability lawsuit on August 2, 2018 in the Southern District of California. California’s de novo standard for the review of disability claims under ERISA may work to Wheeler’s benefit.
Read [ Wheeler v. Metropolitan Life Insurance Company Seeks LTD Benefits for Injured Seaman ]

New California Class Action Lawsuit Targets Deceptive Bank Fees

September 11, 2018.
San Diego, CA Bank fees are growing rapidly, and consumers are feeling the pinch. Furthermore, many customers feel that they are somehow being hoodwinked into paying hidden, undisclosed costs. On August 2, 2018, Reyna McGovern filed a class action excessive bank fees lawsuit against U.S. Bank, N.A. (US Bank). Her lawsuit tackles two thorny issues: out-of-network ATM fees and overdraft fees charged when her account showed a sufficient account balance.
Read [ New California Class Action Lawsuit Targets Deceptive Bank Fees ]

California Court Saves Class Action Wage Claims from Forced Arbitration

September 7, 2018.
San Francisco, CA On August 14, 2018, the California Court of Appeals preserved a worker’s right to bring a class action wage lawsuit against Robert Half International (RHI). RHI tried to force Jessica Gentry to arbitrate, alone, her claim that she was cheated out of pay for the time she spent prepping for assignments. The California Labor Code requires that workers be paid for paid for time worked, regardless of how brief. Few, however, can afford the cost of arbitration when the personal financial stake is small. Had RHI been successful, the legal maneuver that would have ended her California labor lawsuit and deprived others of their only effective legal remedy. What happened was very different.
Read [ California Court Saves Class Action Wage Claims from Forced Arbitration ]

Amputees’ Fight for Insurance Coverage Focuses on ‘Medical Necessity’ of Microprocessor Prosthetics

September 4, 2018.
Washington, DC Lucky to live, unlucky to lose a foot or a leg, survivors of the Boston Marathon bombing soon found themselves facing the harsh truth of inadequate insurance coverage for their prosthetic care. Years on, the good news is that microprocessor-enhanced artificial limbs have gotten better. The bad news is that insurance companies like Anthem and United Healthcare still balk at paying for them. Insurance lawsuits since then have taken particular aim at the internal review standards insurers use to determine whether a medical treatment or device is “medically necessary.” The standards do not line up with what amputees need most and what these modern devices can really do. Cost cutting vs. good health – it’s the match of the century.
Read [ Amputees’ Fight for Insurance Coverage Focuses on ‘Medical Necessity’ of Microprocessor Prosthetics ]

CFPB Moves to Protect Students from Overdraft Fees

August 28, 2018.
Washington, DC On July 20, 2018, the Bureau of Consumer Financial Protection (CFPB) offered to settle its claim that TCF National Bank engaged in deceptive practices to market its overdraft protection services. In its bank overdraft fees lawsuit the CFPB alleged that these practices affected students at the University of Minnesota, with which TCF has a beneficial financial relationship. As their bright young things head off to college, should parents be concerned? Students and other inexperienced and lower income banking customers are particularly vulnerable to excessive overdraft fee schemes.
Read [ CFPB Moves to Protect Students from Overdraft Fees ]

Lawsuits Brewing over Insurance Denials for “Smart” Prostheses

August 21, 2018.
Los Angeles, CA In California and other states, amputees are denied insurance coverage for modern prostheses. These legs and ankles are hugely better than the old titanium alloy stilts because of their microprocessors. Lt. Dan was glad to stand with his bride, but imagine running up the stairs or dancing at a Gump-ish wedding. Nonetheless, Anthem, United Healthcare and other insurers plead shock, confusion, and a general lack of evidence when asked to pay for the more modern prosthetics. The ensuing insurance lawsuits have taken aim at the insurers’ claims that the advanced prostheses are not medically necessary or still experimental.
Read [ Lawsuits Brewing over Insurance Denials for “Smart” Prostheses ]

Ninth Circuit Says Pension Plan Participants Cannot be Forced to Arbitrate

August 9, 2018.
San Francisco, CA On July 24, 2018, the Ninth Circuit held that the plaintiffs in a pension plan lawsuit could continue their legal fight as a class action, rather than having to arbitrate individually.Munro v. University of Southern California is a major victory for ERISA plan participants who were required to sign individual arbitration agreements as a condition of employment. The Court likened these ERISA lawsuits to whistle blower lawsuits–essentially viewing the plaintiffs as public prosecutors acting in defense of the pension plan itself. This is a very broad argument that may ultimately have wider legal implications.
Read [ Ninth Circuit Says Pension Plan Participants Cannot be Forced to Arbitrate ]

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