LAWSUITS NEWS & LEGAL INFORMATION
Anne Wallace
Anne Wallace is a New York lawyer, currently living in the metropolitan Washington, DC area. She writes on legal and business issues and teaches at the college and professional level. Anne graduated from Fordham Law School and Wellesley College.
Indivior's Motion to Dismiss Suboxone Lawsuits
December 18, 2024.
Cleveland, OH – On December 16, 2024, Judge J. Philip Calabrese of the Northern District of Ohio heard oral arguments in Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation. The hearing concerned the defendant, Indivior PLC’s, motion to dismiss the Suboxone complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim on which relief can be granted. The arguments largely tracked briefs originally filed in July 2024, which the court required to be amended.
Read [ Indivior's Motion to Dismiss Suboxone Lawsuits ]
Masuda v. Serve Robotics, Inc.: A New Front in the Gig Economy Wage Battle
December 11, 2024.
Los Angeles, CA Kevin Masuda, an operations manager at Serve Robotics, Inc. from 2021 to 2024, filed a proposed class action lawsuit in Los Angeles Superior Court on December 3. The lawsuit accuses Serve Robotics, Inc. of violating the California labor code. It cites the autonomous sidewalk delivery company for violating California labor laws by failing to pay employees legally required minimum wages and overtime for all hours worked including off-the-clock tasks. In addition, Serve Robotics allegedly failed to provide mandated meal and rest periods, reimburse expenses, or provide accurate wage statements.
Read [ Masuda v. Serve Robotics, Inc.: A New Front in the Gig Economy Wage Battle ]
Winkelman v. Whole Foods: A Clash of Titans
December 10, 2024.
Austin, TX On November 13, plaintiffs in Winkleman v. Whole Foods filed a motion for class certification in the Western District of Texas. It’s not just that it was filed in Texas. Everything about this ERISA lawsuit is larger than life.
Read [ Winkelman v. Whole Foods: A Clash of Titans ]
SAG-AFTRA Sues to Enforce Arbitrator’s Award in UFO Pictures Case
December 9, 2024.
Los Angeles, CA On November 19, SAG-AFTRA, the union that represents over 160,000 media professionals and performers, filed a lawsuit to enforce a 2020 arbitration award that required UFO Pictures to pay roughly $163,000 toward the actors’ salaries and benefits. The sum is due, according to the union, under the terms of a collective bargaining agreement and the federal Labor Management Relations Act rather than the California labor code.
Read [ SAG-AFTRA Sues to Enforce Arbitrator’s Award in UFO Pictures Case ]
VA Doctor Convicted of Sexually Assaulting Female Veteran Patient
November 27, 2024.
Atlanta, GA On November 5, a federal jury in the Northern District of Georgia convicted Dr. Rajesh Motibhai Patel, a primary care physician at the Veterans Affairs Medical Center in Decatur, Georgia, of sexually assaulting a veteran patient. The jury found that he violated her constitutional right to bodily integrity while acting under color of law.
Read [ VA Doctor Convicted of Sexually Assaulting Female Veteran Patient ]
Nova Southeastern University to Settle ERISA Lawsuit for $1.5 Million
November 12, 2024.
Fort Lauderdale, FL On October 9, Nova Southeastern University agreed to settle a long-running lawsuit in which participants in the Nova University Defined Contribution Plan claimed that the school had mismanaged their retirement savings by paying excessive recordkeeping fees and retaining underperforming investment funds. The plaintiffs’ motion for preliminary approval was unopposed.
Read [ Nova Southeastern University to Settle ERISA Lawsuit for $1.5 Million ]
The Impact of Viking River Cruises on PAGA Claims: What Happened in Agustin Gutierrez v. Panera LLC
November 7, 2024.
Los Angeles, CA On October 22, the California Court of Appeal, Second Appellate District held that an employee whose employment agreement explicitly excluded Private Attorneys General Act (PAGA) claims from arbitration, did not have to arbitrate those claims against his employer. The terms of his contract effectively trumped a change in law that occurred after the agreement was made.
Read [ The Impact of Viking River Cruises on PAGA Claims: What Happened in Agustin Gutierrez v. Panera LLC ]
A Setback for Suboxone Film Plaintiffs: Northern District of Ohio's Dismissal Decision
November 6, 2024.
Cleveland, OH On September 10, 2024, the Northern District of Ohio dismissed claims against Indivior PLC and two Reckitt Benckiser entities in Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation in the multidistrict litigation centralized in the Northern District of Ohio. The court’s decision is a significant setback for individuals who suffered serious Suboxone side effects and dental damage from using the sublingual film form of the drug. They allege that Indivior and other defendants failed to adequately warn about the potential for dental erosion and decay associated with the film's acidic properties.
Read [ A Setback for Suboxone Film Plaintiffs: Northern District of Ohio's Dismissal Decision ]
Cinepolis Charged with Multiple California Labor Law Violations
November 4, 2024.
Los Angeles, CA On October 21, Jacqueline Honorio filed a proposed class action lawsuit in Los Angeles Superior Court on behalf of at least 100 individuals who worked for USA Cinema Services LLC, which does business as Cinepolis. Honorio v. USA Cinema Services LLC alleges that Cinepolis violated the California labor code in a wide variety of ways.
Read [ Cinepolis Charged with Multiple California Labor Law Violations ]
Sen. Warren Raises the Alarm over Catalent/Novo Nordisk Merger
November 1, 2024.
Washington, DC On October 10, U.S. Senator Elizabeth Warren sent a letter to Federal Trade Commission (FTC) Chair Lina Khan, urging the FTC to closely review a proposed merger between Novo Nordisk and Catalent. Catalent is one of the very few suppliers that provide specialized development and manufacturing services to GLP-1 manufacturers. The letter urges the FTC to block the deal if it could hurt Americans by limiting competition and raising the price of life-saving medicine. Not coincidentally, killing competition might also limit the development of drugs without the dangerous side effects of Ozempic.
Read [ Sen. Warren Raises the Alarm over Catalent/Novo Nordisk Merger ]
- Schobinger v. Twitter: A Setback for Class Certification (Oct-28-24)
- Ozempic and Addiction: A Potential Game-Changer? (Oct-23-24)
- Suboxone Tooth Decay MDL – Status Update (Oct-21-24)
- Darden Restaurants Hit with California Wage and Hour Lawsuit (Oct-16-24)
- Six Things Vets Should Know about Filing a Veterans Medical Malpractice Lawsuit (Oct-15-24)
- Splintered Decisions in ERISA 401k Forfeiture Lawsuits (Oct-9-24)
- Duane Morris Lawyer Charges Firm with Discrimination, Employee Misclassification (Oct-3-24)
- Student-Athletes Sue Ivy League Colleges for Antitrust Violations (Oct-1-24)
- Vet Congressional Testimony Speeds Medical Malpractice Fix (Sep-27-24)
- Back to the Thorny Issue of ERISA Arbitration (Sep-24-24)
- Suboxone Tooth Decay Lawsuits Reflect Only Part of Harm (Sep-23-24)
- Ozempic Linked to Serious Pain in the Pocketbook (Sep-19-24)
- Sixth Circuit Nixes Arbitration for ERISA Claims (Sep-16-24)
- Tesla’s Bid to Dismiss PAGA Lawsuit Gets Anti-SLAPPed Down (Sep-3-24)
- California Public Employees Lose Rest and Meal Break Rights (Aug-30-24)
- Veterans Die of Neglect in Nursing Homes (Aug-27-24)
- State AGs Nail $86 Million Suboxone Settlement (Aug-21-24)
- Mandalorian Actress Beats Back Disney Bid to Toss Wage Lawsuit (Aug-19-24)
- Popular Diabetes/Weight Loss Drugs Linked to Rare Form of Blindness (Aug-15-24)
- Fourth Bellwether Trial Scheduled in Exactech MDL (Aug-13-24)
- BP Retirees Win Long-Fought ERISA Lawsuit -- Sort of (Aug-7-24)
- Transgender Veterans Sue VA over Gender-Confirmation Surgery (Aug-6-24)
- Clickwrap Employment Contract Roils California Arbitration Law (Aug-1-24)
- VA Docs Protected by Code of Silence (Jul-29-24)
- $9.5 Million Army Hospital Medical Malpractice Settlement (Jul-12-24)
- Loper Bright Fuels Fifth Circuit ERISA Lawsuit (Jul-11-24)
- Qualcomm 401k Plan Participants Sue over Use of Forfeitures (Jul-8-24)
- Disabled Vet Challenges Medical Malpractice Ban in Supreme Court (Jul-1-24)
- J&J Offers $6.48 Billion to Settle Ovarian Cancer Talcum Powder Lawsuits (Jun-29-24)
- Can a TPA’s Exploitation of a Plan Sponsor’s Breach of ERISA Duty Make the TPA a Fiduciary? (Jun-27-24)
- VA Hospital Settles Medical Malpractice Lawsuit for $880,000 (Jun-17-24)
- VA Settles Veteran PTSD Suicide Lawsuit for $1.7 Million (Jun-5-24)
- Musk Accused of Cheating Twitter Execs out of Severance Pay (May-23-24)
- Surgeons Warned to Stop Using Synovo Total Hip Implants (Apr-24-24)
- Maryland Orders Employer to Fork Over Missed Contributions to 401k Plan (Apr-22-24)
- Johnson & Johnson Strikes Back (Apr-5-24)
- Exactech Defective Hip Implant MDL Takes Shape (Mar-25-24)
- DOL Charges TPA Embezzled ERISA Plan Assets (Mar-18-24)
- Last Dance, Last Chance for the Texas Two-Step in J&J Talc Litigation (Feb-28-24)
- PAGA To Face Critical Test on November 2024 Ballot (Feb-20-24)