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  • MetLife Refuses to Disclose Background Claim Processing Principles
    Jun-28-18 Jacksonville, FL: On April, 20, 2018, the United States District Court for the Middle District of Florida denied a Metropolitan Life benefit claimant the right to see the company’s internal claim processing guidelines. Perera v. Metropolitan Life Insurance Company actually relates to death benefits, but it relies heavily on an earlier decision in a...
  • Big Law Employee Sues Unum Group for Denial of Benefits
    Jun-22-18 Greeneville, TN: On May 14, 2018, Janet Mitchell, a former employee of the mega law firm Jones Day, filed a lawsuit against both Unum and Jones Day in a Tennessee Federal Court. Mitchell states that she suffers from a constellation of health conditions that prevent her from being able to work, including coronary artery disease, fibromyalgia, osteoarthritis...
  • California Labor Law Violation Fired at Fidelity Stands, Typo Goes
    Jun-25-18 Santa Clara, CA: Fidelity Investments tried to wangle out of a proposed class action lawsuit alleging California labor law violations by saying the plaintiff’s employment agreement contained a "typo" and she wasn’t in fact an employee. But Fidelity’s excuse appears to have back-fired. “It is astounding how clearly [Fidelity] held...
  • “More and More Women Coming Forward,” says Attorney for USC Sex Abuse Plaintiffs
    Jul-2-18 Los Angeles, CA: “We have filed a sexual abuse lawsuit on behalf of several women who were examined by Dr. George Tyndall, the former gynecologist at the University of Southern California,” says attorney Susan Owen, with the law firm of Owen, Patterson and Owen, LLP. “They were young women when they saw this sexual predator for their f...
  • Former Marriott Hotel Waiter Appeals Dismissal of his California Unpaid Wages Lawsuit
    Jun-18-18 San Jose, CA: Ex-waiter Ian McCray worked for the San Jose Marriott from May of 2012 to August of 2015. He claims that during that time, Marriott Hotel Services did not pay him the minimum wage required by the city’s municipal wage ordinance. The ordinance appears to provide for a waiver of the minimum wage requirement if employees agree to those terms i...
  • Asbestos Mesothelioma Passed from Father to Son, Guilty Verdict for Defendant Liberty Utilities (Park Water) Corp.
    Jun-25-18 Los Angeles, CA: A California jury recently awarded Alfred Mata and his wife $11.4 million in an asbestos lawsuit against Liberty Utilities (Park Water) Corp. Alfred developed mesothelioma from his father, who worked with water pipes that contained asbestos and brought the fibers home on his clothes. Park Water Asbestos Trial The “take-home asbe...
  • Credit Union Lawsuit Cites Excessive Overdraft Fees
    Jun-20-18 Madison, WI: In March 2018, Matthew Domann filed a class action lawsuit against Summit Credit Union alleging that since 2010, SCU has wrongfully charged overdraft fees to checking account customers throughout Wisconsin. The credit union lawsuit details a practice of placing “holds” on pending debit card transactions and deposits to artificially d...
  • Takata Airbag Recall Heating Up
    Jun-19-18 Los Angeles, CA The chances of a defective Takata airbag exploding and firing metal shards at you, even in a minor fender bender, increase with rising temperatures. But the National Highway Traffic Safety Administration (NHTSA) says many people driving unsafe cars, including Honda, Ford and Mazda, haven’t grasped the recall’s urgency. South...
  • Unlicensed Drivers Cause Two Recent California Car Accidents in One Week
    Jun-22-18 San Jose, CA: On May 20, 2018, an Acura TL driven by a 16-year-old unlicensed driver jumped a curb on Highway 101, and skidded down an embankment before it was struck by another vehicle, killing a teen passenger. One week later, on Memorial Day, a stolen car driven by a 13-year-old was fleeing San Jose police when it collided with another vehicle in a head...
  • Why You Need an Estate Plan
    Jun-21-18 Santa Cruz, CA: Inheritance lawyers have heard it all at this point: you don’t need a Will or a trust fund because you are not rich, own everything with a spouse, have wandered through the house putting little yellow sticky notes on the pictures and the silverware describing who should get them, and besides, you’re young and go to the gym. D...
  • Invesco Accused of Treating ERISA Plan Participants as Captive Investors
    Jun-13-18 Atlanta, GA On May 24,2018, participants in the Invesco 401(k) Plan filed an ERISA lawsuit in the Northern District of Georgia. The ERISA lawsuit contends that Invesco, Ltd. profited from the ERISA plan it offered to employees. The situation is rife with potential conflicts of interest because the employer, a plan fiduciary, is also an investment ma...
  • California State Labor Commissioner Slams Restaurants with Wage Theft Violations
    Jun-13-18 San Francisco, CA: Despite California restaurants in the past few years receiving huge fines for California labor law violations, some employers seem to have missed the memo, or perhaps they think employees on salary aren’t entitled to overtime compensation. Or perhaps they think restaurant workers, from dishwashers to cooks to General Managers, are af...
  • Ninth Circuit Champions Wrongly Denied Disability Claimant
    Jun-8-18 Los Angeles, CA In Bowlin v. The Prudential Life Insurance Company of America , the United States District Court for the Central District of California overruled Prudential’s decision to deny long term disability benefits to a worker who gave evidence of many physical and psychological ailments. Bowlin is something of a rarity in long term deni...
  • CA Top Court Makes it Harder for Employers to Deny Overtime by Designating Workers as Independent
    May-23-18 Los Angeles: A groundbreaking decision has been issued in Dynamex v. Superior Court of Los Angeles County . The Court adopted a three-part test that applies to any alleged misclassification under a California Industrial Welfare Commission (IWC) wage order. The IWC regulates wages, hours, and working conditions, and requires “employees” to...
  • Potential H&M Class Action Lawsuit Over Unpaid Security Bag Checks
    Jun-7-18 San Jose, CA: A former H&M employee, Ser Lao, has sued fashion retailer H&M in federal court for allegedly failing to provide employees with correctly itemized wage statements, and failing to pay employees minimum wage, overtime, and premium pay for missed meal and rest periods. Lao’s California unpaid wages lawsuit also alleges that H&M violated Cali...
  • After $7.9 Million Jury Verdict, Chipotle Settles California Labor Lawsuit To Avoid Punitive Damages
    Jun-5-18 Fresno, CA: Long-time valued Chipotle General Manager Jeanette Ortiz was accused of stealing $626 dollars from her employer, but when she asked to see the surveillance footage of the alleged incident, her supervisors refused and destroyed the footage. Subsequently, she went out on medical leave for a work-related injury, and was terminated while out on le...
  • Death by Delay – CFPB Defers Credit Union Overdraft Regulations into Indefinite Future
    May-22-18 Washington, DC On May 10, 2018, the Consumer Financial Protection Bureau (CFPB) quietly scuttled proposed consumer overdraft protection regulations, moving them to the inactive list until some undefined, unknown day in the future when a permanent director is named. Meanwhile, banks and credit unions continue to rake in fees through questionable practi...
  • Federal Government Discourages Penalties for Nursing Home Abuse Despite Report Calling for More Oversight
    May-24-18 New York, NY: Since 2017, the Trump administration has been rolling back Obama-era rules intended to protect patients from elder care neglect . Since 2016, the Centers for Medicare and Medicaid Services (CMS), part of the Federal Department of Health and Human Services, has been making rules that prevent victims of nursing home injury from bringing civi...
  • Study Further Links Proton Pump Inhibitors to Gastric Cancer and Conflicts with FDA study, Lawsuits to Follow
    May-31-18 Santa Clara, CA: A link between proton pump inhibitors (PPIs) and high risk of gastric cancer isn’t new, but the results of a new study conflicts with the FDA’s mandated PPI study. Cancer Risk after H.pylori Eradication The October, 2017 study , published in the British Medical Journal (BMJ) was conducted by researchers from Hong Kong. Whil...
  • Unum Insurance Lawsuits Gain Momentum
    May-18-18 Ellicott City, MD: A former Maryland project manager for a real estate company has accused the Unum Group of suspending her monthly disability payments after 26 years of payments when she was elected to serve part-time on the Howard County Board of Education. Five years after notifying Unum life insurance that she had been elected to the Board of Educati...
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