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  • An interview with wage and hour claims attorney Jose Garay, Carter and Garay
    Sep-18-07 Irvine, CA An interview with wage and hour claims attorney Jose Garay, Carter and Garay LawyersandSettlements (L&S): You are a difficult guy to get hold of. Jose Garay (JG): Sorry about that—I've been rather busy lately. In the last three years our law firm has expanded by about 400 percent in the number of cases filed pertaining to wage an...
  • Halliburton Settles California Labor Lawsuit
    Oct-24-19 Santa Clara, CA: A former truck driver for Halliburton Energy Services on October 3 told a California Federal Court that they are working on an agreement to settle a lawsuit claiming California labor law violations. The settlement notice said the court will be asked to voluntarily dismiss plaintiff Luis Guerrero’s allegations against one of the world's...
  • Did the Ninth Circuit Gut ERISA Enforcement in Schwab 401k Mismanagement Lawsuit?
    Oct-21-19 San Francisco, CA In August, the Ninth Circuit ruled that Charles Schwab Corp. could force plan participants to individually arbitrate their claims that fiduciaries of the Schwab Retirement Savings and Investment Plan (Plan) had mismanaged plan assets. The ERISA lawsuit decision sent shock waves through the Ninth Circuit as it appears to reverse ne...
  • Stryker Recall Lawsuit Pretrial Order Appears to Void Original Surgery Deadline
    May-22-15 Minneapolis, MN Back in April we mused about the various extensions of the deadline issued to prospective plaintiffs for the filing of a Stryker Orthopedics Rejuvenate Modular Hip System Recall lawsuit. Originally, prospective plaintiffs were given little time following the announcement of the ground-breaking settlement last fall to file their clai...
  • New Allegations in Zofran Lawsuit Hurled at Manufacturer
    May-14-15 Randolph, MA With every new lawsuit that stems from an allegation that GlaxoSmithKline’s Zofran causes Zofran birth defects , we are reminded of charges levied against the manufacturer by the US Department of Justice (DOJ) in 2012 which, among other things, accused GlaxoSmithKline (GSK) of promoting Zofran and other drugs off-label. Specificall...
  • Woman Wins $12 Million Asbestos Talcum Powder Lawsuit
    May-9-15 Santa Barbara, CA In a move that could open asbestos litigation to consumers, a California woman was recently awarded more than $12 million in her asbestos mesothelioma lawsuit. The plaintiff, Judith Winkel, claimed her development of mesothelioma was caused by asbestos in Colgate-Palmolive’s talcum powder. According to the lawsuit, Judith Win...
  • Unum Denial Based on Nurse’s Recommendation
    May-4-15 Baltimore, MD It’s bad enough that Unum, or First Unum terminates disability benefits based on its independent medical examiner’s opinion. But denying a policyholder further long-term disability based on a nurse’s recommendation is unconscionable. Kimberly first collected workers compensation benefits when she was injured on the jo...
  • Safeway 401k Plan to Settle ERISA lawsuit for $8.5 Million
    Oct-9-19 San Francisco, CA Safeway and Aon Hewitt Investment Consulting Inc. have agreed to pay $8.5 million to settle a proposed class action ERISA lawsuit brought by participants in the Safeway 401k Plan. The workers claim that Safeway and Aon breached their fiduciary obligations by offering high cost investment options that benefitted the investment manager at...
  • Debt Collector Harassment Costs Green Tree Millions
    Apr-28-15 Washington, DC Debt collector harassment can come in many forms and from many different purveyors of angst and unfairness. In this case, the harassment came at the hands of a mortgage servicing company that was alleged to have stooped to various forms of bill collector harassment , including multiple calls per day and sometimes as early as 5 am with thr...
  • $4.9 Million Settlement for Worker Injured by Collapsed Wall
    Apr-16-15 A Florida man seriously injured by a display wall that fell on him while working at the Houston auto show settled pretrial with the defendants in charge of the wall for $4.9 million. Houston attorney Scott Krist, a member of The National Trial Lawyers Top 100, of The Krist Law Firm, P.C., represented plaintiff David Kisich of Hollywood, Florida. As a...
  • Diamonds and Wage Theft
    Sep-25-19 Los Angeles, CA A proposed class of approximately 3,800 workers appears to be on the verge of settling a class action lawsuit against Sterling Jewelers Inc. Hudson v. Sterling Jewelers Inc. alleged that the jewelry giant failed to pay employee overtime pay, wages and meal breaks in violation of the provisions of California labor employment law . If...
  • Three Million Pages of Little Lies
    May-27-07 Los Angeles, CA: If you bought James Frey's "memoir" A Million Little Pieces and didn't chuck it in the recycle bin after discovering, like Oprah Winfrey did—that it was a fraud; if it is still tucked behind War and Peace or wedged between real memoirs such as Frank McCourt's Angela's Ashes or George Orwell's Down and Out, you can send page 163 t...
  • Vytorin Brightens with IMPROVE-IT, but Vytorin Lawsuits Remain
    Mar-27-15 San Diego, CA The folks at Merck & Co. and their Vytorin partner Schering-Plough Corp. can be forgiven if they are enjoying the re-birth of Vytorin and the accompanying optimism after enduring the scorn that accompanied the delayed release of the ENHANCE study in 2008. The most recent “IMPROVE-IT” study was designed to foster a better outc...
  • Consumers Count on Corporations to Keep Their Data Secure
    Mar-23-15 Washington, DC The $10 million preliminary settlement announced last week in the 2013 Target data breach , together with preceding settlements tied to prior data breaches affecting other retailers and organizations, signals corporate America’s willingness to settle in view of continuing thefts of and threats to a consumer’s personal informat...
  • Whistleblowers: The Results could be Rewarding
    May-13-07 Middletown, NY The world needs a few more good whistleblowers. And the payoff can be more lucrative than the good feeling that you've done something right - something worthwhile. Beyond the warm glow of a good deed done, may lay a pot of gold in the form of settlement dollars. Especially if you have been wronged in the process. And for you there are r...
  • 10 Years After, Fen-Phen/PPH Lawsuits Continue to Flourish
    May-10-07 Beaumont, TX It has been 10 years since the U.S. Food and Drug Administration yanked the drug cocktail known as "fen-phen" from the market. As if to mark the tenth anniversary of the ban, a settlement was recently reached in a billion-dollar lawsuit launched against the makers of fen-phen. While details about the settlement remain sketchy, it's clear...
  • Fiduciaries’ Desperate Drive to Fund Benefits Backfires
    Sep-11-19 Santa Ana, CA Aaron Kushner and Eric Spitz, who mismanaged the investments of the Retirement Plan of Freedom Communications, Inc. (the Pension Plan) have offered to settle an ERISA lawsuit brought by the federal Pension Benefits Guaranty Corporation (PBGC) for $7.8 million. Following the twists and turns of this lawsuit requires not only some app...
  • Benzene Clean-up Expensive for Texas Oil Company
    May-2-07 Port Arthur, TX The U.S. Environmental Protection Agency (EPA) has announced that Total Petrochemical USA Inc. must pay a $2.9 million penalty and upgrade pollution controls at its Port Arthur, Texas, refinery, as the result of alleged violations of the Clean Air Act. The upgraded pollution controls (which will cost an estimated $37 million) will reduc...
  • Forced-Place Insurance Continues to Trigger Lawsuits
    Mar-13-15 Sacramento, CA The parade of Lender insurance lawsuits continues unabated in spite of legislators in various states attempting to put checks and balances in place aimed at preventing allegedly unnecessary and unjust placement of expensive lender insurance products. One of the more recent class actions accuses US Bank NA of systematically abusing its ri...
  • Interview with Permax lawyers Paul R. Dahlberg and Anthony J. Nemo
    Apr-17-07 Rochester, MN Over 500,000 people have taken Permax and lawyers Paul R. Dahlberg and Anthony Nemo of Meshbesher & Spence estimate that tens of thousands of those people are likely affected with heart damage, particularly moderate to severe valve regurgitation, because of this drug. Dahlberg and Nemo are currently representing people injured after usin...
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