LAWSUITS NEWS & LEGAL INFORMATION
Gordon Gibb
Gordon Gibb is a writer, broadcaster and media specialist who has contributed since 2007. His specialty is getting to the heart of an issue quickly, and complex subjects are more easily understood in his hands. His work has appeared in major international magazines and newspapers, and his two books on Nobel Peace Prize winner Lester B. Pearson were published in 2006 and 2015 respectively. A book of essays and newspaper columns entitled ‘Gibberish: Tall Tales and Domestic Disasters from Beyond the Microphone’ was released in 2014. A novel, ‘The Fifth Season,’ is due in 2016. When not writing and producing his daily radio program, Gordon operates a voiceover studio at www.GordonGibb.com and runs an oldies music channel at www.yourKawarthaOLDIES.com.
Ethicon Physiomesh Bellwether Trials to Start in September, 2019
March 30, 2018.
Atlanta, GA: Plaintiff Sharon Smith would be understandably buoyed by news that the surgical mesh lawsuit file currently housed in multi-district litigation in Georgia is moving forward, with the first bellwether trials expected for September of next year. While nearly 500 lawsuits are currently housed in the MDL, a continuing barrage of cases have lead observers to believe that thousands of lawsuits could wind up in the MDL by the time bellwether cases begin in 18 months’ time.
Read [ Ethicon Physiomesh Bellwether Trials to Start in September, 2019 ]
How Will Passage of Save America’s Pastime Act Impact California Lawsuit?
March 27, 2018.
San Francisco, CA: A California unpaid wages lawsuit, that traces its origins to the Golden State in 2014 and held national implications after it was granted class action status appears all but dead after the US Congress included a statute in its omnibus spending bill signed into law last week. That statute, known as the ‘Save America’s Pastime Act,’ (SAPA) exempts minor league baseball players from the Fair Labor Standards Act (FLSA) and the protections the Act affords workers with regard to minimum wage and overtime.
Read [ How Will Passage of Save America’s Pastime Act Impact California Lawsuit? ]
Unum: You Win Some, You Lose Some
March 26, 2018.
Grand Rapids, MI: While you rarely hear about it, the fact remains that in some cases an insurance company that denies an insured short, or long-term disability benefits sometimes gets it right. To wit, a federal magistrate in Michigan earlier this month determined that Unum Life Insurance Company of America was within its rights to discontinue disability benefits after two years, noting that the plaintiff's wrongly denied disability claims were not credible.
Read [ Unum: You Win Some, You Lose Some ]
Are Missed Contributions Considered Plan Assets Under ERISA?
March 22, 2018.
San Francisco, CA: An ERISA lawsuit that alleged fiduciary failings on the part of principles involved with Accuracy Glass & Mirror Co. Inc. (Accuracy) was lost when appellate justices with the Ninth Circuit affirmed a lower court ruling that dismissed, in part, the pension plan lawsuit.
Read [ Are Missed Contributions Considered Plan Assets Under ERISA? ]
The Feds Sue California over State Immigration Laws
March 22, 2018.
Los Angeles, CA: It is a well-known fact that the State of California is, and has remained progressive with regard to standing up for the rights of it undocumented workers. And with good reason: immigrants, including those who don’t necessarily have their papers account for 10 percent of the State’s workforce. Removing the undocumented worker from the equation would have a dramatic and negative impact on the California economy. The State’s defense of the undocumented worker, however, puts California in the crosshairs of the US Department of Justice (DOJ), which is now suing the State of California over its immigration policies.
Read [ The Feds Sue California over State Immigration Laws ]
Plaintiff Blames Loss of his Lower Leg to Invokana Use
March 21, 2018.
Trenton, NJ: While a plaintiff having filed a recent Invokana lawsuit makes assertions pertaining to Invokana linked with cardiovascular injuries and kidney failure, it was the amputation of his right leg below the knee less than a year after starting on Invokana that ultimately prompted the plaintiff to move forward with his Invokana side effects lawsuit.
Read [ Plaintiff Blames Loss of his Lower Leg to Invokana Use ]
Big Banks Don’t appear to be Getting the Message over Excessive Banking Fees
March 19, 2018.
Manhattan, NY: When the 2nd US Circuit Court of Appeals returned an excessive bank overdraft fees lawsuit to the originating lower US District Court for the District of Manhattan for further proceedings – thus reviving the proposed class action lawsuit – the defendant in the case was told its overdraft fee rules were ambiguous, amongst other rulings that put the plaintiffs and those similarly affected back into the drivers’ seat.
Read [ Big Banks Don’t appear to be Getting the Message over Excessive Banking Fees ]
Defective Airbag Deaths and Injuries Continue
March 17, 2018.
Oklahoma City, OK: With the revelation earlier this year that yet another victim of Takata airbag injuries had died, it’s instructive to look back at the case of Ashley Parham, widely believed as the first known victim of a defective airbag in 2009.
Read [ Defective Airbag Deaths and Injuries Continue ]
California Labor Lawsuit Expected to Settle for $2 Million
March 14, 2018.
Los Angeles, CA: A California unpaid wages lawsuit that was originally filed in August, 2014 at Los Angeles before removal a year later to the US District Court for the Central District of California, may settle for $2 million if an agreement on the part of all parties in the class action meet with Court and judicial approval.
Read [ California Labor Lawsuit Expected to Settle for $2 Million ]
A Tale of Two Unum Lawsuits
March 12, 2018.
Gibsonia, PA: Tucked in amongst a seemingly never-ending barrage of positivity stemming from the Unum camp with regard to investment, expansion and financial performance are the ever-lurking Unum insurance lawsuits alleging bad faith insurance and similar frustrations after an insurer that happily accepts monthly premiums suddenly does an about-face and pulls that plug when it comes time to pay up.
Read [ A Tale of Two Unum Lawsuits ]
- Will Pennsylvania Supreme Court Hear Risperdal Time Bar Appeal? (Mar-12-18)
- Last-Minute Maneuvering Underway Prior to Next Round of Xarelto Lawsuits (Mar-11-18)
- Unwanted Text Messages Results in $3.5 Million Settlement (Mar-6-18)
- Google Hit with Another California Wrongful Termination Lawsuit (Mar-5-18)
- Georgia Plaintiff Alleges Use of Nexium Caused Chronic Kidney Disease (Mar-4-18)
- The Legal Landscape for Whistleblowers May Have Changed (Mar-2-18)
- Status as Employee v. Independent Contractor Impacts Wage and Hour Claims (Feb-26-18)
- Michigan Patient Billed Over $1,000 for Sitting in the Waiting Room (Feb-23-18)
- Investors Launch Compliance Lawsuit against AMD et al in California (Feb-21-18)
- Asbestos Mesothelioma Lawsuit Currently Underway in New Jersey (Feb-20-18)
- First Bard IVC Filter Bellwether Lawsuit Gearing Up for March (Feb-18-18)
- Plaintiff Settles with Bank of America Corp. NA at the Eleventh Hour (Feb-16-18)
- Plaintiffs Litigating ERISA Lawsuit v. Oracle Corp. Achieve Class Action Status (Feb-15-18)
- EPA Now Says Monsanto Roundup 'Likely' Does Not Cause Cancer, Debate Continues (Feb-15-18)
- Former Employee of California Hair Care Company Sues for Harassment (Feb-14-18)
- Diagnosed with Lyme Disease, Plaintiff is Denied by Unum Disability Insurance (Feb-14-18)
- Unum Sued for Denial of Disability Benefits (Feb-12-18)
- Xarelto Verdict for the Plaintiff Overturned in Bellwether Case (Feb-11-18)
- The FDA Warning Letter RE: St. Jude ICD Batteries One Year Later (Feb-10-18)
- California Wrongful Termination Lawsuit Filed Against Resort in Napa Valley (Feb-8-18)
- Mother of Tasered Teen Files First Responder Misconduct Lawsuit in Texas (Feb-5-18)
- Medical Device Manufacturer Admits to Wrongdoing, Faces $14 Million Penalty (Feb-2-18)
- And Now There Are 21 Takata Airbag Deaths (Feb-1-18)
- State of Georgia Settles Medical Malpractice Lawsuit, Lone Defendant Resigns (Jan-30-18)
- DePuy Faces Yet Another Lawsuit Concerning its Attune Knee Replacement System (Jan-28-18)
- Plaintiffs in Class Action ERISA Lawsuit Allege Breach of Fiduciary Duties (Jan-23-18)
- The Takeaway from Conclusion of Long-running California ERISA Lawsuit (Jan-19-18)
- Despite Recent Settlements, Banks Still Bilking Consumers Out of Billions (Jan-19-18)
- Ethicon Physiomesh Plaintiff Starts New Year with Hernia Mesh Lawsuit (Jan-18-18)
- Landscaper Employee Files Proposed California Unpaid Wages Class Action (Jan-16-18)
- Emergency Room Charges and What to Do About Them (Jan-14-18)
- Canadian Class Action Launched Against Defective St. Jude Cardiac Defibrillators (Jan-13-18)
- New Cal/OSHA Rules Came Into Effect in the New Year (Jan-13-18)
- New Year, New Unum Lawsuit (Jan-12-18)
- Another Death Has Been Blamed on Defective Takata Airbags (Jan-11-18)
- You Win Some, You Lose Some: But Plaintiff Wants to Keep Winning (Jan-7-18)
- Xarelto Bellwether Score is 3-1 for the Defendants: MDL to Map out Strategy (Jan-7-18)
- Plaintiff Wants Appeal of Years-Long Claims, Defendant Opines to ‘Get on with It’ (Jan-5-18)
- Lots of Changes and Updates to California Labor Law with the New Year (Jan-2-18)
- Employer Knowledge is Key to Avoiding FMLA Lawsuits (Dec-31-17)