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April 11, 2021
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Credit Union of New Jersey Hit with Excessive Overdraft Fees Lawsuit
Credit Union of New Jersey Hit with Excessive Overdraft Fees Lawsuit
Camden, NJ  Laronda Hickmond filed a bank overdraft fees lawsuit against Credit Union of New Jersey in New Jersey District Court on March 17. Hickmond v. Credit Union of New Jersey alleges that the credit union repeatedly charged Ms. Hickmond $30 overdraft fees even though, according to the monthly account statements prepared by the credit union, her account balance never dropped into the negative. She seeks class action status for the lawsuit on behalf of herself and all similarly situated accountholders.

Insurer May Renew Defense in Tangled ESOP Lawsuit
Insurer May Renew Defense in Tangled ESOP Lawsuit
Detroit, MI On March 4, The District Court for the Eastern District of Michigan held that Great American Fidelity Insurance Co. (Great American) could renew its argument that it should not be required to defend Stout Risius Ross (Stout) against a claim by Appvion Retirement Savings and Employee Stock Ownership Plan (Appvion ESOP). Great American Fidelity Insurance Co. v. Stout Risius Ross Inc., an insurance contract claim, is one piece of the fallout from the sprawling ERISA lawsuit that includes Appvion v. Buth. The facts are complicated.

Emergency Room Overcharges Attorney Helps—if you are Committed
Emergency Room Overcharges Attorney Helps—if you are Committed
Los Angeles, CA Attorney Barry Kramer may be able to get your emergency room services reduced, but his goal is to change the hospital system and stop ER overcharges for everyone. If you think your hospital has overcharged you for their services and you’re willing to go the distance, and if you want to make a difference and help others, read on.

Insufficient Funds Charges Threaten Small-Balance Accountholders
Insufficient Funds Charges Threaten Small-Balance Accountholders
Albany, NY Excessive bank fees that are based on insufficient funds (NSF) charges may pose a greater threat to checking accountholders than overdraft fees. Recent lawsuits recognize that, without protections based largely in state contract law, consumers have little protection from NSF fees that result when checks or electronic payments that are presented and re-presented multiple times without the accountholder’s permission.

City of LaCrosse sues 3M Company over PFAS Water Contamination
City of LaCrosse sues 3M Company over PFAS Water Contamination
LaCrosse, WI On March 4, the City of La Crosse filed a lawsuit in the Wisconsin Circuit Court alleging that 3M Company and 22 other defendants produced and marketed products containing perfluoroalkyl and polyfluoroalkyl (PFAS/PFOA) with knowledge that these substances were likely to contaminate public and private wells throughout the city.

Bayer’s Roundup Settlement: A Brief History
Bayer’s Roundup Settlement: A Brief History
Santa Clara, CA Bayer has been working out Monsanto’s Roundup settlement since acquiring the glyphosate manufacturer in 2018. The corporation expects to resolve future claims that its weedkiller causes cancer by mid-May. Here is a brief history of Bayer’s $11 billion outline settlement.

 

New Jersey Nursing Homes Operator Counting on Protocol to Dismiss Lawsuit
New Jersey Nursing Homes Operator Counting on Protocol to Dismiss Lawsuit
Lafayette, NJ The Andover nursing homes operator is facing a proposed class action lawsuit claiming poor treatment of residents before and during the COVID-19 pandemic. He argued in federal court to dismiss the nursing home abuse complaint based on state and federal law virus protocol.


Claims of Rampant Gender Wage Discrimination at Disney
Claims of Rampant Gender Wage Discrimination at Disney
Los Angeles, CA A two-year old California labor lawsuit just took a new turn. Plaintiffs in Rasmussen v. Disney have been permitted to amend their complaint to add allegations that Disney “maintains a strict policy of pay secrecy” in violation of California labor law. If proved at trial, the allegation could establish a link between prohibited conduct and widespread pay discrepancies between men and women who perform similar jobs at Disney – giving lie to the claim that the pattern can be explained by differences in performance. Pay secrecy is thought to hurt female workers because it deprives them of the information they need to demand equal pay.



PG&E Executives Sued Personally for California Wildfire Damage
PG&E Executives Sued Personally for California Wildfire Damage
San Francisco, CA On February 24, victims of deadly 2017 and 2018 California wildfires filed a lawsuit in San Francisco Superior Court seeking to hold former officers and directors of PG&E liable for failing to protect them from the harm that followed from the 2018 Camp Fire and the 2017 North Bay Fires. In addition to devastating personal and property loss, many California homeowners whose homes were burned also found themselves the victims of bad faith insurance denials. Justice John Trotter (Ret.), Trustee of the PG &E Fire Victim Trust v. Lewis Chew seeks to redress these harms in a direct way – by suing those responsible for putting corporate profits and their own financial interest ahead of their fiduciary duty to protect public safety.


Ninth Circuit Upholds Flight Attendants’ Claims for Overtime, Rest and Meal Breaks
Ninth Circuit Upholds Flight Attendants’ Claims for Overtime, Rest and Meal Breaks
San Francisco, CA On February 23, the Ninth Circuit largely upheld a District Court grant of summary judgment to flight attendants in their class action lawsuit against Virgin America. Bernstein v. Virgin America Inc. alleged that the airline had failed to pay minimum wage and overtime and permit meal and rest breaks, as required by California labor law. The Ninth Circuit did, however, reduce certain penalties assessed against Virgin America.

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