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November 21, 2021
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Patient is Charged ER Fees Without Being Seen
Patient is Charged ER Fees Without Being Seen
Atlanta, GA After waiting in the Emory Decatur Hospital ER for seven hours to treat a head injury, Taylor Davis couldn’t wait any longer and went home. She later received an emergency room bill for $688.35. Are you familiar with the old English proverb that “Children should be seen and not heard”? Here’s a new American phrase: “Patients are charged for not being seen.”

Take the Super out of El Super
Take the Super out of El Super
Los Angeles, CA Not once but twice has the California Labor Commissioner’s Office fined Bodega Latina (doing business as El Super) grocery stores for not providing or delaying supplemental paid sick leave or other benefits to 240 workers affected by COVID-19. In July Bodega Latina was fined $447,876 for similar California labor violations that affected 95 grocery store employees. Being fined twice begs the question: will conscientious consumers boycott El Super?

Supreme Court Hands DoorDash Driver a Win in PAGA Case
Supreme Court Hands DoorDash Driver a Win in PAGA Case
Washington, DC On October 12, the U.S. Supreme Court denied DoorDash Inc’s petition for certiorari, thus declining to review the decision of the California Court of Appeals in Brandon Campbell v. DoorDash, Inc. The Court of Appeals’s decision permitted Campbell, a DoorDash driver, to proceed with his Private Attorneys General (PAGA) claim, without first submitting it to arbitration. Campbell’s PAGA claim was based on his allegation that DoorDash’s payment scheme violated the minimum wage requirements of the California Labor Code.


District Court Greenlights ERISA Lawsuit over Firing to Avoid Severance Pay Obligation
District Court Greenlights ERISA Lawsuit over Firing to Avoid Severance Pay Obligation
Birmingham, AL On September 21, the District Court for the Northern District of Alabama denied AT&T’s motion to dismiss Roy Robinson’s ERISA lawsuit. Robinson v. AT&T Services, Inc alleged that the company fired Robinson to avoid paying him severance benefits. AT&T claimed that he had failed to exhaust internal company remedies before filing his lawsuit. The court’s decision does not address the merits of Robinson’s claim. It simply permits Robinson to proceed to settlement negotiations or to trial.

The Prilosec Lawsuit and the Negligence of Drug Manufacturers
The Prilosec Lawsuit and the Negligence of Drug Manufacturers

The development of modern medicinal drugs is one of the most important breakthroughs in science. Today, we heavily rely on modern medication to treat diseases and alleviate the symptoms brought about by these diseases. Most of the illnesses that people experience can now be easily cured with a prescription drug that anyone can purchase at a pharmacy or a drug store. 


Cannabis Workers Retaliated Against?
Cannabis Workers Retaliated Against?
San Jose, CA Three sisters—former cannabis farm workers—alleged they were fired for complaining about California labor and employment law violations. Retaliation is a serious labor law violation. However, litigation ended October 18th when a federal judge signed off on a dismissal motion filed by the Montelongo sisters after reaching a settlement agreement.

Navy Veteran Claims PFAS Firefighting Foam Caused Testicular Cancer
Navy Veteran Claims PFAS Firefighting Foam Caused Testicular Cancer
Spring, TXA former U.S. Navy firefighter has recently filed a civil action against about 18 chemical and safety equipment manufacturers claiming PFAS in firefighting foam caused his testicular cancer. Defendants, the Defense Department and more knew of the dangers but chose not to inform the public.

Boy Scouts of America Sex Abuse Settlement – For and Against
Boy Scouts of America Sex Abuse Settlement – For and Against
Los Angeles, CA Voting a settlement of almost $1.9 billion to compensate over 82,000 Boy Scouts of America sexual abuse victims has begun with a December 14, 2021 deadline to vote for the Plan. But many survivors and their attorneys oppose the current proposal.


Second Hernia Mesh Bellwether Trial Underway
Second Hernia Mesh Bellwether Trial Underway
Dayton, OH While the first Bard hernia mesh bellwether trial is described by legal experts as a “crushing blow” to plaintiffs, others opine that it will likely have minimal impact on the overall outcome of the hernia mesh litigation. Round two is now underway.

Delta Airlines asks Supreme Court to review California Wage Protections for Airline Workers
Delta Airlines asks Supreme Court to review California Wage Protections for Airline Workers
Washington, DC On September 9, Delta Airlines, Inc. asked the U.S. Supreme Court to review decisions by the Ninth Circuit and preceding lower courts in Oman v. Delta Airlines, Inc. The Oman decisions recognize the generous protections of the California Labor Code for airline employees based in California.

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