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.
September 12, 2019.
Read [ What’s Next for Ethicon Hernia Mesh Lawsuits? ]
Atlanta, GA Judge Richard W. Story has now identified ten bellwether Ethicon Physiomesh lawsuits that will likely shape the multidistrict litigation pending in the U.S. District Court, Northern District of Georgia. Trials in these hernia mesh lawsuits are now scheduled to begin in April 2020. But there will be plenty to watch even before opening statements begin.
September 11, 2019.
Read [ Fiduciaries’ Desperate Drive to Fund Benefits Backfires ]
Santa Ana, CA Aaron Kushner and Eric Spitz, who mismanaged the investments of the Retirement Plan of Freedom Communications, Inc. (the Pension Plan) have offered to settle an ERISA lawsuit brought by the federal Pension Benefits Guaranty Corporation (PBGC) for $7.8 million.
September 9, 2019.
Read [ California In-Home Supportive Services Workers get New Wage Protections under Federal Law ]
Los Angeles, CA Household workers, including those who care for the elderly or people with disabilities, are among the most vulnerable to wage theft and other forms of employment abuse. They work in isolation, behind closed doors and sometimes in fear of deportation. Ray v. County of Los Angeles cuts through the fog and fear to make clear that private litigants may recover unpaid overtime under the Fair Labor Standards Act (FLSA). The bigger picture is that the change in federal protection fills a gap in the legal safety net left under California’s Domestic Workers’ Bill of Rights, Wage Order 15 and other provisions of California labor employment law.
August 23, 2019.
Read [ ERISA Lawsuit Charges Plan with Mismanaging Both High and Low Yield Investment Choices ]
Birmingham, AL In an ERISA lawsuit filed in the Northern District of Alabama, participants in the Compass SmartInvestor 401(k) Plan claim that Plan fiduciaries failed in their legal duty to act prudently for the benefit of plan participants and beneficiaries. The Plan offered only one poorly performing short-term bond investment option and failed to monitor the investment performance of higher cost funds, ostensibly selected to produce higher yields.
August 21, 2019.
Read [ California Labor Lawsuit Targets Meal Break Violations ]
Oakland, CA A former Payless Car Rental Inc. employee has asked a California court to grant class action status to a lawsuit that focuses on meal break waivers that were allegedly illegal under California labor employment law. Judge Michael Markman seemed doubtful, but set the next hearing date for November 5. A denial of class action status would likely put an end to the lawsuit, at least with regard to classes of plaintiffs not certified.
August 12, 2019.
Read [ Department of Justice Probe Continues as Ford Fuel Economy Lawsuits Heat Up ]
Washington, DC It was buried on page 70 of Ford Motor Co.’s March 31 SEC Form 10-Q, just before the last of many charts. The bland and reassuring words with which Ford disclosed a Department of Justice criminal investigation into Ford fuel economy representations belies the potential importance of that investigation to Ford class action lawsuits that now target both the Ford Ranger and F-150 truck models.
August 8, 2019.
Read [ VyStar Credit Union Accused of Assessing NSF Fees Multiple Times for Same Transaction ]
Jacksonville, FL A class action lawsuit filed in Jacksonville Circuit Court claims that VyStar Credit Union routinely assessed multiple insufficient funds charges on the same transaction without authorization by the customer. In her excessive overdraft fee lawsuit, Heather Washington alleges that VyStar charged three separate $32 overdraft fees on a single transaction, in violation of the terms of her Deposit Agreement with the credit union.
August 7, 2019.
Read [ Fidelity 401k Fiduciary Lawsuits Consolidated in Massachusetts ]
Boston, MA Since the beginning of 2019, a collection of class action ERISA lawsuits has worked to expose a secret pay-to-play scheme that arguably benefited Fidelity Management and Research Company and related companies (“Fidelity”) at the expense of 401k retirement savers.
August 5, 2019.
Read [ Uber to Settle Class Action Contract Lawsuit for $395,000 ]
San Francisco, CA The U.S. District Court for the Northern District of California appears ready to approve a settlement in Dulberg v. Uber Technologies Inc. that will net nearly a quarter of the drivers only $20. The class action lawsuit is notable for two reasons. It was brought as a contract lawsuit, not under the provisions of California labor employment law. Secondly, the payouts are very small for many of those included in the class. Even Judge William Alsup, who presided over the case, described the settlement as “a low-end recovery for the class.”
July 30, 2019.
Read [ Dignity Health Poised to Settle ERISA Lawsuit for $100 Million ]
San Francisco, CA Dignity Health has agreed to pay $100 million to settle a proposed class action ERISA lawsuit that accused it of using a undeserved religious exemption to justify underfunding its pension plan by $1.5 billion. The proposed settlement would require Dignity Health to add $50 million in retirement plan funding in 2020 and at least $50 million in 2021. In addition, the settlement requires Dignity Health to refrain from reducing 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.
- $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)
- Jury Awards Alberta and Alva Pilliod more than $2 Billion in Roundup Cancer Case (May-20-19)
- Expert in ERISA Lawsuit Stumped by Basic Questions (May-17-19)
- President (of Yale) Can’t Dodge Deposition (May-9-19)
- Online Lender Settles with FTC for $3.85 Million (May-8-19)
- Glasswerks L.A, Inc. to pay $1.3 Million to Settle California Unpaid Wages Lawsuit (May-7-19)
- Monsanto Trial: Fake Evidence or Phony Expert? (May-3-19)
- Latest ERISA Lawsuit News – 401k Mismanagement Lawsuits Going Strong, New Settlement in Treatment Denial Case (Apr-26-19)
- $24.5 Million Settlement in Navy Federal Credit Union Excessive Overdraft Fees Lawsuit (Apr-23-19)
- Sickening Stock Drop Prompts Boeing 737 ERISA Lawsuit (Apr-19-19)
- Uber Settles Driver Lawsuit for $20 Million (Apr-18-19)
- Jury Awards Edwin Hardeman $80.2 Million in Roundup Cancer Lawsuit (Apr-15-19)
- Revel Systems to Settle California Unpaid Wages Lawsuit for $2.75 Million (Apr-12-19)
- Workers Win California Unpaid Wages Lawsuit over Shift Call-Ins (Apr-8-19)
- Texas 3M Combat Arms Defective Earplug Lawsuit Tells Tale of War Profiteering (Apr-2-19)
- Google Abandons Forced Arbitration of Employment Disputes (Mar-30-19)
- Johnson & Johnson Talc Tribulations Spark ERISA Lawsuit (Mar-28-19)
- Cash Advance? There’s an App for That (Mar-25-19)
- Jury Finds Monsanto RoundUp a “Substantial Factor” in Causing Cancer (Mar-21-19)
- Ardent Settles Offshore Platform Workers’ Wage Claims for $2.3 Million (Mar-20-19)
- $29 Million Verdict in Talcum Powder Lawsuit (Mar-18-19)
- Multidistrict Surgical Mesh Lawsuit Awards and Settlements Approach $11 Billion (Mar-13-19)
- ERISA Lawsuit Claims Fidelity Investments Took Secret Kickbacks (Mar-11-19)
- Jamba Juice Feels the Squeeze in California Unpaid Wages Lawsuit (Mar-11-19)
- 3M Allegedly Reported False Safety Results to Procure Lucrative Contract (Mar-6-19)
- Subpoenas Fly! Senate Demands Docs in Tainted Talcum Powder Probe (Mar-5-19)
- Stadium Concessionaire Settles California Wage Lawsuit for $5.4 Million (Mar-4-19)