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November 17, 2019
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Bayer “Not Playing Nice in the Sandbox” of Monsanto Litigation
Bayer “Not Playing Nice in the Sandbox” of Monsanto Litigation
Oakland, CAThere’s a dispute during the recent Roundup hearing: Monsanto has asked a California judge to depose cancer patients’ treating physicians first, but  plaintiffs’ attorney argues that will put his clients at an “extreme disadvantage”.

Philadelphia Federal Credit Union Accused of “Gouging” Consumers with Multiple NSF Fees
Philadelphia Federal Credit Union Accused of “Gouging” Consumers with Multiple NSF Fees
Philadelphia, PA  “Gouging” is often implied, but rarely actually said excessive overdraft fee lawsuits. But there it is, in the class action lawsuit’s description of Philadelphia Federal Credit Union’s practice of charging multiple $28 insufficient fee charges for the same transaction and PFCU’s legal duty not to “[exercise] its discretion to enrich itself and gouge its customers.” It’s hot language, but a simple story.

T-Mobile Retail Workers Reach Wage Deal under California Labor Law
T-Mobile Retail Workers Reach Wage Deal under California Labor Law
Santa Clara, CA T-Mobile will pay $8 million to settle California labor law violations. The telecommunications company allegedly failed to pay minimum and overtime wages;

Intel Corp. Investment Policy Committee v. Sulyma to shape ERISA fiduciary lawsuits
Intel Corp. Investment Policy Committee v. Sulyma to shape ERISA fiduciary lawsuits
Washington, DC -- On December 4, the US Supreme Court will hear arguments in an ERISA lawsuit that may have lasting implications for the ability of plan participants to sue over mismanagement of retirement funds. As Christopher Sulyma argues in his Supreme Court brief, ERISA plan participants should not be assumed to know about (and perhaps have consented to) suspect  financial decisions disclosed in a “Russian nesting doll” style series of linked online documents.

Delta Settles Overtime Lawsuit for $3.5 Million
Delta Settles Overtime Lawsuit for $3.5 Million
Los Angeles, CADelta Air Lines has agreed to pay $3.5 million to a class of approximately 3,300 past and present Delta workers to settle claims that the airline failed to pay overtime as required under the provisions of California labor law. The dispute centered on a complicated pay formula that included shift differential pay, non-discretionary bonuses, profit-sharing payments, and the fair market value of employee travel passes.

Consumers Bring DoorDash Lawsuit over Stolen Tips
Consumers Bring DoorDash Lawsuit over Stolen Tips
San Francisco, CA DoorDash customers, Jennifer Peter and Karson Theiss, have filed a class action lawsuit in the Northern District of California alleging that DoorDash’s practice of pocketing tips intended for delivery drivers is an unfair business practice that misleads those who use the delivery service. Many who follow the litigation surrounding DoorDash may already be familiar with California labor lawsuits that claim that DoorDash drivers are misclassified as independent contractors.

Has J&J Lost Its Way?
Has J&J Lost Its Way?
Philadelphia, PA: One of thousands of Risperdal cases pending in the Philadelphia court system has resulted in a whopping $8 billion in damages awarded to a single plaintiff who claimed he developed breasts, a condition known as gynecomastia. Plaintiff Nicholas Murray’s lawyers told the jury following the verdict that, “Johnson and Johnson is a company which has lost its way.”

Halliburton Settles California Labor Lawsuit
Halliburton Settles California Labor Lawsuit
Santa Clara, CA: A former truck driver for Halliburton Energy Services on October 3 told a California Federal Court that they are working on an agreement to settle a lawsuit claiming California labor law violations. The settlement notice said the court will be asked to voluntarily dismiss plaintiff Luis Guerrero’s allegations against one of the world's largest oil field service companies.

Southwest Airlines Pilots Get $18.8 Million Settlement
Southwest Airlines Pilots Get $18.8 Million Settlement
City, CA On October 4, the Northern District of California approved a settlement that will pay roughly 2,000 Southwest Airlines pilots close to $19 million for benefits that Southwest allegedly failed to credit during short periods of military leave. The lawsuit that prompted the settlement is grounded in the Uniform Services Employment and Reemployment Rights Act (USERRA), rather than the provisions of California labor law.

College Athletes: Fair Pay to Play Act
College Athletes: Fair Pay to Play Act
Sacramento, CA Gov. Gavin Newsome signed the Fair Play to Pay Act into law on September 30. The law would prevent California state and private universities from prohibiting student athletes from making money from endorsement deals. So far, the coverage has focused on looming disputes and likely lawsuits between the schools and the National Collegiate Athletic Association, rather than the finer points of California labor law.

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