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May 22, 2022
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Bard v. Milanesi Good News for Hernia Mesh Victims
Bard v. Milanesi Good News for Hernia Mesh Victims
Pensacola, FL Lorna P., one of many hernia mesh victims, is hopeful that she will receive compensation after hearing that the jury in the second C.R. Bard bellwether trial awarded $255,000 to a man allegedly injured by C.R. Bard’s hernia mesh.

Plaintiffs Seek Recusal of Latest Judge in Home Depot ERISA Lawsuit
Plaintiffs Seek Recusal of Latest Judge in Home Depot ERISA Lawsuit
Atlanta, GA On April 15, plaintiffs in Pizarro v. The Home Depot asked U.S. District Judge Steven D. Grimberg to recuse himself because of his association with the Chamber of Commerce, which had filed an amicus curiae brief in support of The Home Depot in 2021. The $140 million class action ERISA lawsuit was assigned to Judge Grimberg on March 4 of this year only after Judge William M. Ray II, who had previously presided over the case, recused himself because he was about to inherit Home Depot stock. This is the fourth re-assignment sought by the plaintiffs.

Family of Las Vegas man denied cancer treatment awarded  $200M verdict in insurance bad faith lawsuit
Family of Las Vegas man denied cancer treatment awarded  $200M verdict in insurance bad faith lawsuit
Las Vegas, NV (April 26, 2022) A jury awarded $40 million in compensatory damages and $160 million in punitive damages to the family of a Las Vegas man who died after being wrongfully denied a specific type of cancer treatment. Sierra Health and Life, a UnitedHealthCare Company, denied Bill Eskew’s claim for proton beam therapy (PBT). Sandy Eskew, the widow and on behalf of Bill Eskew’ estate, brought a lawsuit against Sierra Health and Life. After a 13-day trial, the jury found Sierra Health and Life had breached its duty of good faith and fair dealing also known as “insurance bad faith.” 

Minor League Players “Chasing a Dream” Under Harsh Living Conditions
Minor League Players “Chasing a Dream” Under Harsh Living Conditions
Santa Clara, CA If Major League Baseball and its teams have their way, minor leaguers will be prohibited from mentioning their purported poor living conditions at a California wage trial, arguing that the evidence is irrelevant and could unfairly sway jurors.


Alcoa Fights Retirees’ ERISA Lawsuit over Health Benefits Plan
Alcoa Fights Retirees’ ERISA Lawsuit over Health Benefits Plan
Evansville, IN In December 2020, Alcoa USA Corp. retirees brought an ERISA lawsuit in the Southern District of Indiana to block Alcoa’s announced plan to change the way in which it provided collectively bargained retiree health benefits. The changes at issue in Kaiser v. Alcoa USA Corp. (originally captioned Simpkins v. Alcoa USA Corp.) became effective in 2021 and affect roughly 3,000 retirees and spouses. They were made unilaterally by Alcoa, apparently without negotiating with the workers’ collective bargaining representative.

Uber’s Petition to Arbitrate Driver’s Misclassification Complaint Denied
Uber’s Petition to Arbitrate Driver’s Misclassification Complaint Denied
Santa Clara, CA A state appeals court told Uber last month that it cannot force a former driver to arbitrate his misclassification lawsuit or even whether he is an employee and therefore entitled to bring a representative claim under California’s Private Attorneys General Act (PAGA).

MLB Farm Team Players to Get Their Day in Court
MLB Farm Team Players to Get Their Day in Court
San Francisco, CA  The class and collective wage claims of minor league baseball players in the long running Senne v. Office of the Commissioner of Baseball will finally go to trial on June 1 in the Northern District of California. The only remaining questions for the California players, according to the plaintiffs’ trial plan, involve the determination of hours worked and the damages and penalties owed under California labor law.

Debtor-in-Possession Bankruptcy for MD Helicopters?
Debtor-in-Possession Bankruptcy for MD Helicopters?
Wilmington, DE MD Helicopters Inc. appears to have secured financing that will allow the company to emerge from bankruptcy as an operating business. The company’s Chapter 11 bankruptcy petition was, however, only the latest twist in a case that began as a whistleblower lawsuit in 2013.

Activision Blizzard To Settle for $18 million in Discrimination Lawsuit
Activision Blizzard To Settle for $18 million in Discrimination Lawsuit
Santa Monica, CA Activision Blizzard has agreed to pay $18 million to settle a workplace discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC). Workers employed by the video game giant after September 2016 and believe that they experienced harassment, discrimination or retaliation will be eligible to apply for a share of the settlement.

Teamsters Sue UPS for Pension and Welfare Contributions
Teamsters Sue UPS for Pension and Welfare Contributions
Newark, NJ On March 23, the Trustees of the Teamsters Pension Trust Fund of Philadelphia and Vicinity filed a lawsuit in federal court in New Jersey, alleging that UPS had failed to make required contributions to the pension and welfare funds for 2015. The ERISA lawsuit seeks nearly $300,000 in unpaid contributions to the two plans plus attorneys’ fees and other costs.

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