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  • Consumers Can "Opt Out" of Excessive Overdraft Fees
    Jul-15-10 Rapid City, SD Lawmakers have pushed back against the banking industry to protect consumers from excessive overdraft fees . Now consumers will have to "opt in" to allow their bank to cover overdrafts. The law takes affect August 15 and will not allow any debit or ATM transaction that overdraw one's account to be processed unless he or she opts in for...
  • Companies Hit With ERISA Lawsuits
    Jul-10-10 Fresno, CA Companies that offer employee stock plans , employee stock options or other benefits covered by the Employee Retirement Income Security Act (ERISA) have a duty to act in the best interests of ERISA plan participants. Failure to do so, and failure to make employer contributions to the plans, can be grounds for a lawsuit. According to the 7/...
  • Two Missing in Delaware Boat Accident
    Jul-7-10 Delaware River, DL A boat accident on the Delaware River earlier today ended with all 37 passengers in the river. Two people on board have not been accounted for. The rescue efforts were reportedly frantic, and the extent of the injuries is not currently known. The Amphibious Duck, a tourist boat, overturned when it collided with a barge. Two Coa...
  • BP Faces Stockholder and ERISA Lawsuits
    Jul-6-10 New York, NY BP faces lawsuits not only from those who suffered losses of income as a result of the Gulf of Mexico oil spill, but also from BP employees alleging that BP benefits plan fiduciaries violated the Employee Retirement Income Security Act (ERISA). BP also faces lawsuits from other funds alleging they were dramatically affected by the oil...
  • Chantix Almost Ruined My Marriage
    Jul-2-10 Hazlehurst, MS Cheryl doesn't remember much that happened while she was taking Chantix , but she does remember suffering acute psychotic reactions. "I believed my husband was having an affair and that he was going to leave me," she says. "All my thoughts were unjustified but it bothered me a great deal." Cheryl (not her real name) was prescribed the...
  • BP Investigated for Potential ERISA Wrongdoing amidst Grave 401(k) Losses
    Jun-26-10 New York, NY As the BP oil spill continues to devastate the Gulf Coast, with an estimated 40,000 gallons of crude oil gushing daily into the ocean, a hemorrhage of a different sort has affected BP employees with a stake in BP employee ERISA benefits . The company's stock has dropped amidst allegations that the company cut corners and ignored safe...
  • IRS Working to Bring "Church" Pension Plans under ERISA
    Jun-23-10 Washington, DC The Internal Revenue Service is currently working to move the pension plans of employers with religious affiliations partially under the purview of the Employee Retirement Income Security Act, or ERISA . When ERISA was enacted in 1974, religiously affiliated employers were exempted from the regulation, according to the Wall Street Jour...
  • BP's $20 Billion Claim Fund: Should Victims File a Claim?
    Jun-22-10 Panama City, FL BP has announced a $20 billion claim fund to compensate victims of the BP oil spill . The announcement, however, may complicate matters for people affected by the oil spill who are not sure whether they should file a claim with BP or file a lawsuit. Wes Pittman, attorney at The Pittman Firm, P.A., has some advice for people wondering how...
  • Class Action ERISA Lawsuit Seeking Lead Plaintiff
    Jun-10-10 Memphis, TN The deadline to become the lead plaintiff of an ERISA plan class action lawsuit is fast approaching, according to the 6/3/10 issue of Globe Newswire. The class action lawsuit against Morgan Keegan & Co. and various other defendants was filed on May 19 before Judge Samuel H. Mays Jr. of the US District Court for the Western District of T...
  • Baxter Receives 404(c) Protection in Employee Stock Plan Lawsuit
    May-24-10 Chicago, IL There has been a breakthrough in an ERISA plan lawsuit brought against the health and science corporation Baxter, as a district judge has granted the company 404 (c) protection as it pertains to stock dropping. In a ruling by US District Judge Joan B. Gottschall of the Northern District of Illinois, Baxter was found to be in compliance w...
  • Health Care Fraud Qui Tam Lawsuits Net Millions for Whistleblowers
    May-20-10 Washington, DC As the federal government recoups billions of dollars from fraudulent healthcare providers, so do whistleblowers who have filed qui tam lawsuits . According to the New England Journal of Medicine on 5/13/10, 90 percent of health care fraud cases are currently qui tam actions initiated by whistleblowers on behalf of the government. From...
  • Will Jones Act Help or Hurt Offshore Drilling Expansion?
    May-3-10 New Orleans, LA The Jones Act is integral to the health and viability of the US shipping industry and its ability to compete with a growing number of fleets from offshore countries. However, previous interpretations of the Jones Act could be a serious setback for the industry in light of the Obama administration's decision in March to expand offshore d...
  • From Construction Worker to Asbestos Attorney
    Apr-27-10 Edwardsville, IL Before attending law school and working at Goldenberg Heller Antognoli & Rowland, PC, one of the foremost asbestos litigation firms in the US, attorney R.J. Abernathy was a union laborer for more than 20 years. "I worked in construction from 1983 until I went to law school," says Abernathy. "My father died of asbestos-related lung canc...
  • Boston Company Faces Class Action Suit over Violations of ERISA Plan
    Apr-22-10 Cincinnati, OH The Boston Scientific Corporation (BSC) is the subject of a class action suit accusing the company of violating its ERISA plan . Investigators are focused on a number of questionable investments in company stock in the Boston Scientific Corporation's 401(k) Savings Plan. The plaintiffs claim that BSC and other administrators of the sav...
  • Building Workers Plan Strike over New York Labor Law
    Apr-17-10 New York City, NY A collection of roughly 30,000 building workers in New York City are planning to go on strike next week in an effort to change New York labor law related to compensation for extra tasks that they commonly performed over the years. Doormen, security officers, concierge service providers, maintenance workers and other members of the...
  • Plane Crash Kills Polish President
    Apr-10-10 Warsaw, Poland A plane crash has taken the lives of Polish President Lech Kaczynski, his wife, military officials and the head of the Polish national bank. The plane, carrying 67 people in all, crashed on April 10, when it attempted to land at a Russian airport. According to news reports, there were no survivors in the airplane crash. Kaczynski and...
  • Richmond Woman Faces Charges of Nursing Home Abuse after Alleged Kidnapping Plot
    Mar-29-10 Berkeley, CA A 51-year-old Richmond woman faces a nursing home abuse lawsuit stemming from allegations that she stole more than $50,000 from six elderly patients, including one woman whom she kidnapped. Concepcion "Connie" Pinco Giron was working as an assistant administrator at the Elmwood Nursing and Rehabilitation Center in Berkeley in August 20...
  • Florida Woman Fired for Blowing Whistle on ERISA Plan Violations
    Mar-25-10 Naples, FL A former controller for a south Florida golf club was recently fired and jailed after alleging violations of the company's ERISA plan in her annual financial report. Leslie Boran, a wheelchair-bound 50-year-old CPA from Naples, Florida, prepared a report detailing routine violations of the Employee Retirement Income Security Act (ERISA) c...
  • Court of Appeals Dismisses Nurse's Claim Against Unum Insurance
    Mar-2-10 Atlanta, GA The Eleventh Circuit of the United States Court of Appeals has sided with Unum Insurance in a case against a retired nurse who was attempting to appeal an earlier decision that blocked her long-term disability benefits. Naomi Knight received Unum disability insurance while employed as a nurse by Infirmary Health Systems. In October 2001...
  • Reforms To New Jersey Labor Laws Could Cut Worker Pensions and Benefits
    Feb-22-10 Trenton, NJ Senators from both parties are touting new legislation that could drastically change New Jersey labor law by cutting government workers' pensions and reducing health benefits. The legislation, which is comprised of four separate bills, each with enough bilateral support in the Senate to pass, was created in response to the financial cris...
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