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.
January 21, 2020.
Read [ Ninth Circuit Affirms $54.6 Wage Award for Walmart Truckers ]
San Francisco, CA On January 6, the Ninth Circuit affirmed a $54.6 million jury award for Wal-mart's truck drivers under the provisions of California labor law. Wal-mart had challenged the 2016 District Court decision in Ridgeway v. Walmart, Inc. on a variety of grounds, including lack of jurisdiction, the certification of a class of similarly situated plaintiffs and the applicability of the Federal Aviation Administration Authorization Act of 1994.
January 20, 2020.
Read [ E-Cigarette Lawsuit Claims Deceptive Advertising, Fraud ]
Eugene, OR Among other e-cigarette side effects, Kewmarse Imani, who began JUULing in 2018, is now addicted to nicotine and will struggle with that addiction for life. Imani v. JUUL Labs, Inc. and Altria Group, Inc., a class action lawsuit, claims that his nicotine addiction is the result of a permanent injury to his developing brain and that he suffered a seizure because of exposure to the toxic substances in JUUL.
January 14, 2020.
Read [ New Research: Brief Heat Exposure Increases Zantac Cancer Odds ]
Washington, DC Emery Pharma, a California-based testing laboratory has reported that Zantac appears to produce unacceptably high levels of cancer-causing N-Nitrosodimethylamine (NDMA) when exposed to heat for as little as five days. Brief periods of modestly inadequate temperature control can easily occur during transport, storage or even in consumer’s home. These findings have sparked new calls for a U.S. Food and Drug Administration recall of Zantac and related generic drugs and will likely fuel class action Zantac cancer lawsuits (ZANTAC) already underway.
January 10, 2020.
Read [ U.S. Supreme Court to Hear Oral Arguments in ERISA Breach of Fiduciary Duty Lawsuit ]
Washington, DC On January 13, the U.S. Supreme Court will hear oral arguments in Thole v. U.S. Bank, NA, an ERISA lawsuit (ERISA) that has major implications for the rights of participants and beneficiaries to sue plan sponsors under the basic legal framework of ERISA. The defendant plan sponsor will argue that the plaintiff retirees have no standing to sue over alleged breaches of fiduciary duty because they have not suffered any individual financial loss. The defendant plan sponsor will ask the Court to affirm an Eighth Circuit decision that limits participants’ rights to oversee investment management decisions.
January 6, 2020.
Read [ Target Red Card Lawsuit Poised to Settle for $8.2 Million ]
San Diego, CA On December 2, the Southern District of California granted preliminary approval to the settlement of a class action lawsuit that shone a light on the real cost of Target’s Red Card purchases for thousands of Target shoppers since 2012. The store-branded payment card permitted Target to charge Returned Payment Fees (RPFs) of $20 to $40 in addition to multiple bank overdraft fees on purchases for which there were insufficient funds in a customer’s account.
January 2, 2020.
Read [ California Uber Drivers Survive Motion to Dismiss, Lose Preliminary Injunction ]
San Francisco, CA On December 16, Judge Edward Chen of the Northern District of California denied Uber’s Motion to Dismiss a class action California labor lawsuit that claims Uber drivers were misclassified as independent contractors under standards set out in Dynamex Operations West, Inc. v. Superior Court. However, in Colopy v. Uber Techs Inc., Judge Chen also denied the drivers’ Motion for a Preliminary Injunction. The injunction would have required the ride-hailing giant to begin to treat drivers as employees immediately.
December 17, 2019.
Read [ Uber Likely to Dodge “Existential Threat” Posed by Driver Misclassification Lawsuit – Again ]
San Francisco, CA “How can you approve the settlement when the underlying contract is illegal?” Uber driver, S. Patrick Mendel’s question to the Northern District of California last spring rings with frustration. Judge Chen acknowledged as much: “This case did not resolve the ultimate question” for drivers who claim they were misclassified as independent contractors under provisions of California labor law. The result is unlikely to change following Mendel’s renewed, and probably last, round of objections to the Ninth Circuit in November.
December 13, 2019.
Read [ Defendant 'Grateful' for Credit Union Overdraft Fee Lawsuit ]
Denver, CO Ent Credit Union has agreed to settle a class action credit union lawsuit concerning excessive overdraft fees. Its CEO has issued an apology and promises to refund all identified NSF fees and overdrafts. Here is what Ent CEO Chad Graves said, “We are truly sorry for the inconvenience this has caused our members and are grateful to both our members and their attorneys for bringing it to our attention.”
December 10, 2019.
Read [ California Workers File Class Action Lawsuit against Cannabis Companies ]
San Francisco, CA On November 21, Casey Denning and Natalia Cole filed a lawsuit on behalf of themselves and similarly situated cannabis workers alleging that harvesting company Loud Buddha LLC and Pura Cali Management Corp, a cultivation contractor hired by Loud Buddha, violated provisions of the Fair Labor Standards Act and the California labor code. The Complaint claims that the employers forced them to work long hours in oppressive conditions without providing overtime pay, meal breaks, or accurate wage statements.
December 10, 2019.
Read [ Dignity Health ERISA Lawsuit Inches Toward $100 Million Settlement ]
Oakland, CA The Dignity Health ERISA lawsuit has been exhaustively litigated since 2013, but now appears close to settlement. The proposed settlement in Rollins v. Dignity Health, which still requires final approval by the Northern District of California, would require Dignity Health to add $50 million in retirement plan funding in 2020 and at least $50 million in 2021. In addition, Dignity Health must not reduce participants’ accrued benefits because of a plan merger or amendment for 10 years. Dignity Health has also promised to fund the plan until 2024, making the minimum contribution recommended by actuaries to the plan.
- 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)
- $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)