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March 17, 2019
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ERISA Lawsuit Claims Fidelity Investments Took Secret Kickbacks
ERISA Lawsuit Claims Fidelity Investments Took Secret Kickbacks
Boston, MA On February 21, 2019, Andre W. Wong, a participant in T-Mobile USA Inc.'s 401(k) plan, filed a class action ERISA lawsuit in Massachusetts District Court. The lawsuit may ultimately affect nearly every 401k plan participant in every plan that has offered investment options managed by Fidelity Investments since 2017. Wong v. FMR LLC lays out a complicated pay-to-play scheme (disarmingly and perhaps deceptively described in internal documents as “supermarket fees”).

Jamba Juice Feels the Squeeze in California Unpaid Wages Lawsuit
Jamba Juice Feels the Squeeze in California Unpaid Wages Lawsuit
Los Angeles, CA Superior Court Judge Carolyn B. Kuhl has approved Jamba Juice’s offer to settle a class action California unpaid wages lawsuit for $1.95 million. The plaintiffs in Arteaga v. Jamba Juice claimed that the smoothie chain forced nearly 5,500 employees to work off the clock – through meal breaks and without proper overtime pay.

3M Allegedly Reported False Safety Results to Procure Lucrative Contract
3M Allegedly Reported False Safety Results to Procure Lucrative Contract
Kansas City, MO On February 21, 2019, Jonathan Foster, an Army Reserve veteran, filed a 3M Combat Arms defective earplug lawsuit in the Western District of Missouri. He suffers from tinnitus, a symptom of permanent hearing loss, because the earplugs supplied to him by the Army during his training and subsequent deployment to Afghanistan were badly designed. They failed to protect him from the preventable harm that the manufacturer guaranteed against.

Subpoenas Fly! Senate Demands Docs in Tainted Talcum Powder Probe
Subpoenas Fly! Senate Demands Docs in Tainted Talcum Powder Probe
Washington, DC The long-running Johnson & Johnson (J&J) talcum powder lawsuits have now taken a strangely contemporary turn as long-silent witnesses, both in this world and the next, tell tales. The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have subpoenaed corporate documents, and Sen. Patty Murray (D-WA) Ranking Member of the Senate Committee on Health, Education, Labor and Pensions (HELP) has requested information back to 1966. Could this end the corporate stonewalling that has stymied so many J&J talcum powder lawsuits for so long?

Stadium Concessionaire Settles California Wage Lawsuit for $5.4 Million
Stadium Concessionaire Settles California Wage Lawsuit for $5.4 Million
San Jose, CA Centerplate of Delaware Inc. , a multinational food and beverage company, has offered to pay $5.4 million to resolve stadium workers’ claims that the company failed to pay wages required under various provisions of California labor law. Raquedan v. Centerplate accuses the company of failing to provide meal breaks and sick days; as well as failing to pay for accrued vacation days, time spent waiting at security checkpoints and the cost of uniforms.

California Misclassified Independent Contractors Settle for Employee Status—is it the Right Choice?
California Misclassified Independent Contractors Settle for Employee Status—is it the Right Choice?
Santa Clara, CA: From strippers to cooks to construction workers, independent contractors who say they are misclassified under California labor laws may want to take into consideration what they stand to lose before filing a misclassification lawsuit to be classified as an employee. Sure, the benefits are enticing but they come at a price, such as loss of independence

Take the MRI, Hold the Gadolinium
Take the MRI, Hold the Gadolinium
Tampa, FL: Studies have shown that a host of conditions are characterized by retention of gadolinium, and the proven retention of this heavy metal in brain tissue has been named “gadolinium storage condition”. Armed with these facts, Virginia says she refused to have a second MRI with contrast dye and her radiologist was okay with that.

School Bus Drivers’ Wage Lawsuit Survives Crippling Challenge
School Bus Drivers’ Wage Lawsuit Survives Crippling Challenge
San Francisco, CA In Humes v. First Student Inc., a group of California bus drivers claim that the company for which they worked, First Student, Inc. (formerly Laidlaw) failed to pay them for all the hours that they worked. In the latest legal turn, the Ninth Circuit has cleared the way for the drivers to pursue their lawsuit as a class action. That keeps the lawsuit alive. Among their California labor law claims is that they received inaccurate pay stubs. It seems a small point in a big fight. Especially because of recent case law developments, however, pay stub claims be an increasingly important part of California wage lawsuits.

Patients Battle Surprise Emergency Room Charges
Patients Battle Surprise Emergency Room Charges
Washington, DC Dr. Joaquin Lopez ‘s surprise emergency room bill came after he and his insurer had already paid $11,000 toward the cost of emergency gallbladder surgery. For dentist Brad Buckingham, who fell off his bicycle, the shock was a $70,000 bill to repair a broken hip. For Stacey Shapiro, it was a $6,720 emergency room fee to treat sudden spell of low blood sugar.

More 3M Defective Earplug Lawsuits Filed
More 3M Defective Earplug Lawsuits Filed
Santa Clara, CA: Since a whistleblower lawsuit last was settled for $9.1 million dollars, which alleged 3M sold Combat Arms defective earplugs to the military, hundreds of US army veterans nationwide have filed lawsuits against the company.

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