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.
October 22, 2020.
Read [ Court Greenlights Class Action Status for Home Depot 401k ERISA Lawsuit ]
Atlanta, GA On September 21, the District Court for the Northern District of Georgia ruled that an ERISA lawsuit brought by participants in the Home Depot FutureBuilder 401(k) Plan against plan fiduciaries could proceed as a class action lawsuit. Pizarro v. The Home Depot is particularly notable for the number of participant who may be affected – now estimated to top 300,000.
October 19, 2020.
Read [ Google Worker Secrecy Agreements to face California Labor Lawsuit ]
San Francisco, CA On September 21 the California Court of Appeals ruled that Google and Adecco USA, Inc., a staffing company, must face allegations that the confidentiality agreements required of all Google employees violate the California Labor Code. Among other remedies, Doe v. Google seeks penalties under the California Private Attorneys General Act (PAGA), in which as many as 65,000 Google employees might share. The sum of money could be massive, even for the tech giant.
October 11, 2020.
Read [ OSF Church Plan Participants Settle for “ERISA Lite” ]
Benton, IL Participants in the OSF Plans have agreed to settle an ERISA lawsuit, against OSF Healthcare System and related parties, which challenged the plan’s status a church plan. The settlement will require OSF to contribute $25 million over 5 years to the plans, and to provide participants with documents disclosing plan provisions and changes. In addition, participants will be permitted to request twice-yearly statements of their expected benefits.
October 2, 2020.
Read [ It’s “Your Money or Your Life” for Senior Workers ]
Sacramento, CA A nationwide flood of Covid-19-driven age discrimination lawsuits suggests that similar surge in California labor lawsuits is imminent. A New York case may be a harbinger of things to come. In Kanyuk v. Shearman & Sterling, LLP, a 62-year-old employee was the first to be fired in a wave of Covid-19-related layoffs. The employer claimed that the layoff was necessary for economic reasons. The worker cried age discrimination.
October 1, 2020.
Read [ Textured Breast Implants from Six More Manufacturers Linked to BIA-ALCL ]
Washington, DC A recently published study links breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) to implants manufactured by seven pharmaceutical companies. In addition to Allergan, the manufacturer of Biocell textured breast implants, the study names Mentor Worldwide, a unit of Johnson & Johnson, Silimed Polyurethane, Eurosilicone, Nagor, Orion, and Poly Implant Prothèse. Allergan faces at least 150 product liability and class action lawsuits. Mentor faces a smaller number, and none of the others are yet facing litigation.
September 25, 2020.
Read [ ETHICON SURGICAL STAPLERS RECALLED AFTER REPORTS OF SERIOUS MEDICAL HARM ]
Somerville, NJ In mid-October 2019, the FDA recalled Ethicon Echelon Flex surgical staplers because of a dangerous manufacturing failure that could cause serious health damage or even death. This followed, by only a few months, a recall of Ethicon Endo-Surgery curved intraluminal staplers, a defective medical product that posed similar dangers to patients.
September 24, 2020.
Read [ California Refinery Workers Clinch $4.4 Settlement in Rest Break Lawsuit ]
Los Angeles, CA On August 24, the District Court for the Central District of California gave final approval to a settlement under which ExxonMobil, PBF Energy Limited and Torrance Refining Company, LLC will pay a total of nearly $4.4 million to settle a class action lawsuit in which refinery workers claim that they were denied the paid rest breaks required under California labor law.
September 21, 2020.
Read [ ERISA Lawsuit Targets ESOP Scam ]
Wilmington, DE Set against the backdrop of California’s notorious water wars, the 1974 film “Chinatown,” focuses on the mysterious Evelyn, who must finally explain whether a young girl is her daughter or her sister. The awful truth unfolds. She is murdered – shot through the eye as her daughter or sister screams. Evelyn’s private detective/lover is told to leave it alone; he doesn’t understand what’s going on. His partner utters the grim tagline, “Forget it Jake; it’s Chinatown,” from which the movie takes its title. In Alvarez v. Wilmington Trust, the latest Wilmington Trust ERISA lawsuit, the prize at the center of the story is not water rights, but the vast sums of money held in Employee Stock Ownership Plans, ERISA retirement plans designed to invest primarily in employer stock.
September 16, 2020.
Read [ Are Employers’ Facebook Recruiting Practices Exempt from Age Discrimination Laws? ]
San Francisco, CA Bradley et al v. T-Mobile US Inc. et al., a long-running lawsuit first filed in 2017, alleges that T-Mobile’s Facebook recruitment practices violated the Age Discrimination in Employment Act (ADEA). The nationwide, class action lawsuit also alleges violations of the California labor code and other state laws.
September 15, 2020.
Read [ FDA Update on BIA-ALCL Finds More Cases, More Deaths ]
Silver Spring, MD On August 20, the U.S. Food and Drug Administration provided an update on adverse events relating to breast implants, including breast implant-associated anaplastic large cell lymphoma. The new FDA update on BIA-ALCL reports a total of 733 cases and 36 patient deaths globally, an increase of 160 new cases and 3 deaths since July 2019. Of those 733 cases, 84.6 percent involved Allergan implants.
- Two Circuit Courts to Decide whether Drivers-for-Hire Can Get their Day in Court (Sep-13-20)
- Biogen ERISA Lawsuit Slams 401k Fiduciaries for Poor Investments, High Costs (Sep-10-20)
- Amazon Last Mile Delivery Workers Get Right to Sue under California Labor Law (Sep-8-20)
- Zantac Cancer Lawsuit Accuses Pharmaceutical Giants of Racketeering (Sep-2-20)
- New Zantac Lawsuit: Poison Pills Killed Carl Glasper (Aug-19-20)
- USB Checking Accountholders to get their Day in Court (Aug-17-20)
- New Lawsuits Describe Serious Paragard IUD Complications (Aug-14-20)
- Supreme Court Blocks Teachers from Suing Church Schools for Job Discrimination (Aug-14-20)
- July 1 Minimum Wage Rates Affect Other California Prevailing Wage Rules (Aug-12-20)
- 3 Lessons for Plaintiffs in 401k Fiduciary Mismanagement Lawsuits (Aug-10-20)
- Can California Employers Make Overtime Mandatory? (Aug-7-20)
- Deadly Secrets – Did Allergan Hide Breast Implant Side Effects? (Aug-3-20)
- California Excessive Bank Overdraft Fee Lawsuit Gets Second Wind (Jul-29-20)
- PAGA Claims Survive Dismissal of California Labor Code Violations (Jul-20-20)
- Meat Packing Giant JBS Souderton under Fire for Covid-19 Death (Jul-16-20)
- California Supreme Court Clarifies Reach of California Labor Code (Jul-13-20)
- New Jersey Allergan Biocell Textured Breast Implant Lawsuits Consolidated in New Jersey Superior Court (Jul-10-20)
- TD Bank Hit with Excessive Bank Overdraft Fees Lawsuit (Jul-9-20)
- California Court Rejects Dignity Health Settlement Again (Jul-8-20)
- FDA Pulls Zantac off Shelves (Jul-6-20)
- Aldi, Inc. Settles California Overtime Lawsuit (Jul-1-20)
- Biden Backs Assembly Bill 5; Opposes Measure to Exempt App-Based Drivers (Jun-25-20)
- 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)