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  • India Train Crash Could Hold Lessons for US Rail Systems
    May-30-10 Mumbai, INDIA It may have happened a half world away, but the train crash this week in Mumbai that killed more than 100 people and injured scores of others has terrorism experts a bit worried, warning that terrorists make note of methods and take lessons from all such attempts at train derailment regardless of location or success. The train wreck of Ma...
  • Participants Sue $1.52 Billion Baptist Health South Plan for Wasting Retirement Savings
    Sep-6-21 Miami, FL  On August17, three former participants in the Baptist Health South Florida, Inc. 403(b) Employee Retirement Plan (BHSF Plan) sued plan fiduciaries for breaching their duty of loyalty and prudence to participants and beneficiaries by paying “astronomical” management fees. The named plaintiffs in the ERISA lawsuit  seek...
  • Hurry Up and Wait for SSDI Benefits
    Jan-13-10 Fort Worth, TX For anyone applying for Social Security Disability Insurance (SSDI) benefits, it's a game of "hurry up and wait"—a wait compounded by the economy and an aging population. In Texas, about 50,000 people are currently waiting to hear back about their initial application, according to the Fort Worth Star-Telegram. That number doesn'...
  • What Type of Insurance Coverage Does Your Small Business Actually Need?
    Nov-18-24 Santa Clara, CA There are a lot of responsibilities that come with running a small business, especially when it comes to protecting what you've built and being a new business owner, insurance may not always be the first thing you think about. But, whether you're a new business owner or have been at it for years, knowing which insurance coverage y...
  • More Long-Term Part Timers May Now Save Through 401k ERISA Plans
    Jan-22-24 Washington, DC Beginning on January 1, 2024, an expanded group of long-term part-time employees may be able to participate in their employer’s 401k ERISA retirement plan . It’s a small tweak in the 2019 Setting Every Community Up for Retirement Enhancement Act ( SECURE Act ) that could have major implications for young and underemployed worker...
  • Understanding ERISA Laws Complicated to Understand
    Aug-12-12 Boise, ID For most people who have an ERISA plan , such as an employee savings plan or an employee stock plan, understanding the rules governing those plans might not be top priority. ERISA (Employee Retirement Income Security Act) benefits rules can be complicated to understand, and most employees assume that the people overseeing those plans are well...
  • Unum Plays Doctor, Badly
    Apr-15-09 Fishers, IN Elaine suffered a shoulder injury on the job and she collected compensation from Unum Provident insurance company for two years, during which time they did a 'home visit'. "The Unum representative reported that my house was well-kept, that I got up quickly from a sitting position, and there was no evidence of disability," says Elaine, which w...
  • KImberly-Clark 401k ERISA lawsuit Alleges Excessive Costs
    May-10-21 Dallas, TX On April 15, two participants in the Kimberly-Clark Corporation 401(k) & Profit Sharing Plan filed a class action ERISA lawsuit  in the federal District Court for the Northern District of Texas. Seidner v. Kimberly-Clark Corp. alleges that plan fiduciaries violated ERISA by failing to monitor plan administrative expenses, thus wastin...
  • Nationwide Building Society Laptop Security Breach Fine
    United Kingdom: (Feb-20-07) The Financial Services Authority (FSA) filed a complaint and fined the Nationwide Building Society claiming that the institution failed to have effective systems and controls to manage its information security risks. The fine is directly connected to the 2006 theft of a Nationwide laptop from an employee's home. Nationwide ha...
  • Another Unum Run-around
    Aug-3-08 Starkville, MS: Barbara worked in a factory, doing a repetitive job year after year. Eventually she developed carpal tunnel syndrome to the point where she couldn't work any longer. She collected workers' compensation checks and then her long term disability benefits with Unum (formerly Unumprovident ) were supposed to kick in. That was in 2003 and Barb...
  • Unum Conundrum
    Jul-18-08 Fort Myers, FL For 28 years, Carol entered information on a keyboard for a high school. For the last 12 of those years she suffered with arthritis and took chemo and other meds to get relief. She finally had to take early retirement and applied to Unum for long term disability benefits. Case denied. "I was 62 when I took early retirement," says Carol...
  • Employer Must Pay Attorney for Secret Settlement
    Mar-7-21 Los Angeles, CA Former motel employee William Hang filed a wage and hour lawsuit against his employer, but when Hang’s attorney sought the employer’s payment and obtained a default judgment of $255,000, he discovered that the employer had coerced Hang into a substantially less settlement: $20,000 cash. Litigation in this case is rather con...
  • "My Psychiatrist said Unum is Nuts"
    Dec-9-07 Pensicola, FL: Barbara Falco was in a car accident in 2003 and is still suffering today; she is in constant pain. She also had to quit her job as a nurse. Unfortunately, First Unum (formerly Unum Provident ) doesn't agree with Falco; they think she just has "anxiety issues" and cut her off long-term disability benefits. In January, 2003 Falco was a...
  • 3M’s Earplugs v. The U.S. Trustee
    Oct-31-23 Pensacola, FL A group of 3M’s Aearo Technologies’ attorneys have taken issue with the U.S. Trustee’s objection to their motion seeking more than $7 million in fees in the 3M combat arms earplug lawsuit settlement of more than $6 billion. Without their "substantial contribution" to the dismissal of the Aearo bankruptcy case, th...
  • Duane Morris Lawyer Charges Firm with Discrimination, Employee Misclassification
    Oct-3-24 Oakland, CA  On July 31, Megan Garland filed a class action lawsuit in the Northern District of California alleging that BigLaw firm Duane Morris discriminated against attorneys of color and female attorneys in violation of the California labor code . Garland v. Duane Morris alleges that the firm promoted women and people of color primarily to sal...
  • Settlement Approved in Countrywide Identity Theft Suit
    Aug-28-10 Louisville, KY A settlement in a suit concerning identity theft between Countrywide Financial Corp. and 17 million of its customers received final approval from a federal judge. The 17 million people included anyone who obtained a mortgage from Countrywide or had the company service a mortgage before July 1, 2008, according to the Associated Press...
  • Volkswagen Salespeople Claim Lost Income due to VW’s Deceptive Practices
    Oct-27-20 Santa Clara, CA  A dispute over whether Volkswagen is a joint employer stems from a California labor lawsuit  that has dragged on since 2016. VW sales representatives in California claim the German automaker is liable for wage and hour violations and the commissions they lost over the emissions-cheating scandal that blew up in 2015. Plaintiff...
  • Looks like New Jersey hosts Elmiron MDL
    Oct-20-20 Newark, NJ It’s a toss-up: whether to send 80 Elmiron vision loss lawsuits to Pennsylvania or New Jersey. Currently the latter seems to be the best bet. Lawyers have so far filed 80 Elmiron lawsuits and they anticipate hundreds more. Plaintiffs are rooting for the Garden State. On September 23, plaintiffs urged the Judicial Panel on Multidistric...
  • Court Denies Unum's Motion of Summary Judgment in Bad Faith Insurance Case
    Apr-28-10 San Francisco, CA A Unum client with a long-term disability policy recently filed a bad faith insurance claim against the Chattanooga-based insurance giant. The court decided in favor of the claimant, just as Unum rolls out a new television ad and steps up its overtures to the Spanish-speaking communities. The 4/5/10 issue of Insurance Law & Li...
  • Can my Employer Cut my Health Benefits after I Retire?
    Jul-6-22 Rochester, NY Vollmer v. Xerox Corp. , an ERISA lawsuit  pending in the Western District of New York, raises a question that weighs heavily on the minds of many retirees. Can an employer offer a valuable incentive to encourage workers to retire and then unilaterally change the deal after the employee is out the door?  The latest turn in this...
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