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.
August 3, 2020.
Read [ Deadly Secrets – Did Allergan Hide Breast Implant Side Effects? ]
New Orleans, LA A breast implant side effects lawsuit filed in the Eastern District of Louisiana may soon join the growing list of cases to be considered as part of the federal multidistrict litigation forming in New Jersey. Seuzeneau v. Allergan USA, Inc. charges that Allergan, which marketed, advertised and sold Biocell textured breast implants, failed to disclose the connection between the implants and BIA-ALCL, a rare form of cancer.
July 29, 2020.
Read [ California Excessive Bank Overdraft Fee Lawsuit Gets Second Wind ]
San Diego, CA For months, the law firms that represent banks and other big businesses have worried that the Ninth Circuit’s 2019 decision in Blair v. Rent-A-Center shows plaintiffs how to side-step mandatory arbitration provisions that include class action waivers. Defense counsel’s worst fear is realized in the motion for reconsideration filed in McGovern v. U.S. Bank, a California bank overdraft fees lawsuit.
July 20, 2020.
Read [ PAGA Claims Survive Dismissal of California Labor Code Violations ]
San Francisco, CA On June 26, the California Court of Appeals held that an employee could continue his state Private Attorneys General Act (PAGA) claim even after settling his California Labor Code lawsuit. Linehan-Clodfelter v. Vivint, Inc. closely follows the reasoning of the recent California Supreme Court decision in Kim v. Reins Internat. California, Inc. Kim was widely seen as strengthening employee efforts to curb employer wage and hour abuse through PAGA, especially for workers who, daunted by the risks of arbitrating wage claims, have taken a settlement offer instead. Linehan-Clodfelter affirms the availability of that important legal tool.
July 16, 2020.
Read [ Meat Packing Giant JBS Souderton under Fire for Covid-19 Death ]
Philadelphia, PA Enock Benjamin, a meat packer at JBS Souderton Inc., died of Covid-19 on April 3, four days after the plant shut down to stop the spread of the virus. His family has filed a wrongful death and survivor lawsuit, claiming that his death was the predictable and preventable result of the JBS’s decisions to ignore worker safety. In fact, rather than protect workers, JBS increased production, implementing a “Saturday kill” to capitalize on panic buying of ground meat.
July 13, 2020.
Read [ California Supreme Court Clarifies Reach of California Labor Code ]
San Francisco, CA On June 29, the California Supreme Court handed down a pair of opinions that clarify the application of the California labor code to employees who work both within and outside of the state. Ward v. United Airlines, Inc. stands broadly for the proposition that the California labor code applies to employees if the employee works a majority of the time in California or has his or her base of operations in California. Oman v. Delta Airlines, Inc. states the rule in the negative. The California labor code does not apply to workers who work only episodically and for less than a day at a time in California unless the employee works primarily in California during the pay period, or for those who do not work primarily in any state, if the worker has a base of operations in California.
New Jersey Allergan Biocell Textured Breast Implant Lawsuits Consolidated in New Jersey Superior Court
July 10, 2020.
Read [ New Jersey Allergan Biocell Textured Breast Implant Lawsuits Consolidated in New Jersey Superior Court ]
Hackensack, NJ On July 7, the initial case management conference for In Re: Allergan Biocell Textured Breast Implant Products Liability Litigation (the “MCL”) was held before Judge Rachelle Harz in New Jersey Superior Court in Bergen County. The consolidation of state law actions is intended to permit speedy, cost-effective and consistent management of the common issues that the breast implant side effects lawsuits are expected to share. This multicounty litigation will proceed in parallel with the multidistrict federal lawsuits (the “MDL”) that have been consolidated in Newark.
July 9, 2020.
Read [ TD Bank Hit with Excessive Bank Overdraft Fees Lawsuit ]
Camden, NJ On June 24, Judith Jimenez filed a class action bank overdraft fees lawsuit claiming that TD Bank, NA re-opened her checking account, which the bank had previously closed, for the express purpose of charging her an overdraft fee. Mission accomplished, the bank then closed her account again – all without her authorization. The lawsuit further claims that TD Bank had a routine practice of opening accounts in the names of consumers without lawful authority. If this sounds familiar, it should.
July 8, 2020.
Read [ California Court Rejects Dignity Health Settlement Again ]
Oakland, CA The long-awaited settlement in Rollins v. Dignity Health, a class action ERISA lawsuit, that has been moving through the legal system since 2013, continues to be just that – long awaited. On June 12, the District Court for the Northern District of California refused to approve a proposed settlement for the second time since 2019.
July 6, 2020.
Read [ FDA Pulls Zantac off Shelves ]
Washington, DC On April 1, the federal Food and Drug Administration asked manufacturers to withdraw Zantac and all other prescription and over-the-counter ranitidine drugs from the market immediately. It has also advised those who use OTC ranitidine medications to stop taking them immediately and patients with ranitidine prescriptions to speak with their health care providers. Zantac cancer lawsuits that cite the link between heartburn medications that contain ranitidine and various forms of cancer have been forming for months. The FDA has now finally taken affirmative steps to protect consumers.
July 1, 2020.
Read [ Aldi, Inc. Settles California Overtime Lawsuit ]
Los Angeles, CA Jeree Gant filed a class action lawsuit against Aldi, Inc., claiming that the grocery chain failed to pay her for all the hours she worked between October 2017 and May 2018. The other allegations under the California labor code concerning meal breaks, rest breaks and wage statements follow from that central claim. Aldi has now offered to settle the claims of what might ultimately have been thousands of California plaintiffs for $2 million.
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- District of Columbia Sues Elevate Credit, Inc. (Jun-24-20)
- California AG Pressures Walmart to Protect Vulnerable Employees (Jun-19-20)
- Employee Stock Ownership Lawsuit Unmasks Brazen Corporate Fraud (Jun-18-20)
- Ninth Circuit: Workers Must be Paid for Call-in Shifts (Jun-15-20)
- Employment Discrimination, Disability Accommodations and Return to Work after COVID-19 Closures (Jun-10-20)
- ERISA Lawsuits Target United HealthCare Reimbursements Practices (Jun-10-20)
- Federal Court Sends Excessive Overdraft Fees Plaintiffs to Arbitration (Jun-9-20)
- Excessive Overdraft Fee Lawsuits Hit the Heartland (May-29-20)
- California McDonald’s Workers Cite COVID-19 Safety Issues (May-25-20)
- Mandatory Arbitration Amendments Thwart Excessive Overdraft Fee Lawsuits (May-22-20)
- California Sues Uber and Lyft (May-15-20)
- Putnam Investments to Settle 401k Self-Dealing Lawsuit for $12.5 Million (May-6-20)
- California Suspends Worker Layoff Notifications. Did Velodyne Take Advantage? (May-4-20)
- Employment Discrimination based on Perceived Sexual Orientation (May-1-20)
- Can California Employers Pay Workers with Reloadable Debit Cards? (Apr-27-20)
- Wells Fargo Fake Account Scandal Grinds On (Apr-23-20)
- JPMorgan Chase to Settle 401k Self-Dealing Lawsuit (Apr-22-20)
- Uber Drivers May Have to Choose between COVID-19 Pay and Employee Status (Apr-13-20)
- Three litigation theories of excessive bank overdraft fee lawsuits (Apr-10-20)
- Papa John’s to Settle California Wage Theft Lawsuit for $3.4 Million (Apr-3-20)
- BOEING DEFENDANTS IN STOCK DROP LAWSUIT CLAIM THEY WERE NOT FIDUCIARIES (Mar-31-20)
- Overlooked, Underpaid California Workers Face Dire Coronavirus Risk (Mar-26-20)
- Zantac Cancer Lawsuits Move to MDL Phase (Mar-20-20)
- TIAA ERISA LAWSUIT TARGETS SELF-DEALING IN LOAN ADMINISTRATION (Mar-16-20)
- First Saving Bank Hit with Excessive Overdraft Fee Lawsuit (Mar-12-20)
- PricewaterhouseCoopers to Settle Age Discrimination Lawsuit for $11.6 Million (Mar-12-20)
- $2 Million Blue Apron Settlement Tells Two Stories (Mar-9-20)
- E-Cigarette Toxic Vape Ban Less Than Meets the Eye, Critics Say (Feb-17-20)
- Judge to Uber on AB5: That Means You, Too, and Now (Feb-14-20)
- Rantidine Recalls Stoke Zantac Cancer Lawsuits (Feb-12-20)
- Supreme Court Sends IBM Stock Drop ERISA Lawsuit Back to Second Circuit (Feb-11-20)
- 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)