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.
March 26, 2020.
Read [ Overlooked, Underpaid California Workers Face Dire Coronavirus Risk ]
Sacramento, CA On March 19, Gov. Gavin Newsom ordered all Californians to stay home except for workers essential to health care, public safety, food, agriculture and media. Those who can work remotely may be juggling work and children. Laid off and furloughed workers are looking at reduced paychecks, even with the wage and benefit protections of federal and California labor law. Independent contractors and the self-employed may be looking at even worse circumstances.
March 20, 2020.
Read [ Zantac Cancer Lawsuits Move to MDL Phase ]
West Palm Beach, FL Zantac cancer lawsuits will be consolidated in multidistrict litigation in the U.S. District Court for the Southern District of Florida. At the time of its formation on February 6, the MDL included 15 cases. An additional 126 cases were pending in 21 districts nationwide, and more plaintiffs are expected to join. The consolidated lawsuit will include cancer injury claims and consumer class actions against defendants who manufactured, sold or distributed Zantac and other ranitidine medications.
March 16, 2020.
Read [ TIAA ERISA LAWSUIT TARGETS SELF-DEALING IN LOAN ADMINISTRATION ]
New York, NY Retirement plan participants who are concerned that plan administrators and service providers may be running the plan for their own benefit can extract three important lessons from Haley v. Teachers Ins. & Annuity Assoc. of America. First, the possibility that plan fiduciaries and record keepers may be engaged in self-dealing is a very hot topic. These ERISA lawsuits may involve thousands of retirement plans and exponentially more retirement savers. That many plaintiffs can spell huge liability for those who manage a plan. Second, the success of these lawsuits depends on being granted class action status; and finally, the issue of who is a fiduciary and why it matters is often central when it comes to allegations of self-dealing.
March 12, 2020.
Read [ First Saving Bank Hit with Excessive Overdraft Fee Lawsuit ]
Las Cruces, NM On January 14, Bonnie Becker, doing business as Oma’s Slice of Heaven, filed a class action lawsuit in New Mexico federal district court, claiming that First Savings Bank assessed bank overdraft fees even when the transactions in question did not overdraw the account.
March 12, 2020.
Read [ PricewaterhouseCoopers to Settle Age Discrimination Lawsuit for $11.6 Million ]
San Francisco, CA On March 3, PricewaterhouseCoopers, LLP (PwC) offered to settle a lawsuit brought under the Age Discrimination in Employment Act (ADEA) and California labor law. The lawsuit claims the accounting giant systematically discriminated against job applicants older than 40. The settlement offer includes payment of $11.625 million and a promise to remedy discriminatory hiring practices in the future.
March 9, 2020.
Read [ $2 Million Blue Apron Settlement Tells Two Stories ]
Richmond, CA Blue Apron workers have agreed to settle Bailey v. Blue Apron LLC ,their lawsuit over the company’s practice of requiring workers to submit to security checks before clocking in for work and after clocking out. The time required for the security checks was unpaid and allegedly violated California labor laws requiring payment for all time during which an employee is under the employer’s control.
February 17, 2020.
Read [ E-Cigarette Toxic Vape Ban Less Than Meets the Eye, Critics Say ]
Washington, DC Effective February 6, a change in FDA policy banned sales of fruit, mint and dessert-flavored vape pods that were reportedly intended to attract teens. The effectiveness of this ban in protecting young consumers from e-cigarette health hazards remains in doubt, however. The ban does not affect menthol or tobacco-flavored pods, open-tank systems and thousands of flavored e-liquids not in pod form, including a disposable brand called Puff Bar that comes in flavors such as strawberry, cool mint and mango.
February 14, 2020.
Read [ Judge to Uber on AB5: That Means You, Too, and Now ]
Los Angeles, CA On February 10, the District Court for the Central District of California denied a motion for injunction that would halt enforcement of California’s Gig Worker Law against Uber and Postmates while both companies challenge the law’s constitutionality. The decision means that both companies must begin to treat workers as employees in accord with California labor law--and entitled (with few exceptions) to the benefits of California’s prevailing wage laws.
February 12, 2020.
Read [ Rantidine Recalls Stoke Zantac Cancer Lawsuits ]
Washington, DC A cascade of recalls – by Sanofi, the manufacturer of Zantac and a collection of pharmacies that distribute the heartburn drug – is fuel to the fire of the Zantac cancer lawsuits now forming. Lawyers reportedly anticipate an explosion of Zantac lawsuits over the next several months.
February 11, 2020.
Read [ Supreme Court Sends IBM Stock Drop ERISA Lawsuit Back to Second Circuit ]
Washington, DC On January 14, the Supreme Court sent Retirement Plans Committee of IBM v. Jander, a much-watched ERISA lawsuit, back to the Second Circuit for further consideration of defensive arguments raised by the plan administrators. The decision is a setback, although perhaps not a fatal one, for participants in employee stock ownership plans (ESOPs) who claim that they have been injured because of corporate financial fraud. These “stock drop” lawsuits are one of several different kinds of 401k fiduciary mismanagement lawsuits.
- Strippers Settle California Labor Lawsuit for $3.65 Million (Feb-10-20)
- Bank of America Breached Customer Contracts, Charging Overdraft Fees on Non-Recurring Transactions (Feb-5-20)
- Court Permanently Halts California Ban on Mandatory Arbitration (Feb-3-20)
- Employees May Work 6 Years Longer when Employer Skims Fees off the Top of 401k Plan (Jan-22-20)
- Ninth Circuit Affirms $54.6 Wage Award for Walmart Truckers (Jan-21-20)
- E-Cigarette Lawsuit Claims Deceptive Advertising, Fraud (Jan-20-20)
- New Research: Brief Heat Exposure Increases Zantac Cancer Odds (Jan-14-20)
- U.S. Supreme Court to Hear Oral Arguments in ERISA Breach of Fiduciary Duty Lawsuit (Jan-10-20)
- Target Red Card Lawsuit Poised to Settle for $8.2 Million (Jan-6-20)
- California Uber Drivers Survive Motion to Dismiss, Lose Preliminary Injunction (Jan-2-20)
- Uber Likely to Dodge “Existential Threat” Posed by Driver Misclassification Lawsuit – Again (Dec-17-19)
- Defendant 'Grateful' for Credit Union Overdraft Fee Lawsuit (Dec-13-19)
- California Workers File Class Action Lawsuit against Cannabis Companies (Dec-10-19)
- Dignity Health ERISA Lawsuit Inches Toward $100 Million Settlement (Dec-10-19)
- Unconscionable Arbitration Agreements; Less than Candid Lawyers (Nov-26-19)
- Goldman Sachs 401k Plan Participants file ERISA Lawsuit over Self-Dealing (Nov-21-19)
- Players Challenge NCAA Pay Caps (Nov-13-19)
- Philadelphia Federal Credit Union Accused of “Gouging” Consumers with Multiple NSF Fees (Nov-11-19)
- Intel Corp. Investment Policy Committee v. Sulyma to shape ERISA fiduciary lawsuits (Nov-7-19)
- Delta Settles Overtime Lawsuit for $3.5 Million (Nov-6-19)
- Consumers Bring DoorDash Lawsuit over Stolen Tips (Nov-4-19)
- Southwest Airlines Pilots Get $18.8 Million Settlement (Oct-23-19)
- College Athletes: Fair Pay to Play Act (Oct-22-19)
- Did the Ninth Circuit Gut ERISA Enforcement in Schwab 401k Mismanagement Lawsuit? (Oct-21-19)
- United Federal Credit Union Settles Excessive Overdraft Fee Lawsuit for $1.75 Million (Oct-16-19)
- 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)