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Part 7: Securities Fraud: When "good" Investments Disappear
The nest egg stories
Cases of investment and securities fraud come in many sizes. It is hard not to feel for middle aged and older individuals who have seen their life savings and pension investments shrivel or disappear while under the supposedly watchful eye of some third party.
Latest Lawsuit News & Legal Information
DoorDash Opens Litigation Door for MisclassificationSan Frrancisco, CA
DoorDash has been slammed with another California labor lawsuit filed by San Francisco District Attorney Chesa Boudin, claiming the food delivery service has misclassified its workers as independent contractors rather than employees. “Dashers” are entitled to workers compensation and other benefits allowed full-time workers.
California Excessive Bank Overdraft Fee Lawsuit Gets Second WindSan Diego, CA
For months, the law firms that represent banks and other big businesses have worried that the Ninth Circuit’s 2019 decision in Blair v. Rent-A-Center
shows plaintiffs how to side-step mandatory arbitration provisions that include class action waivers. Defense counsel’s worst fear is realized in the motion for reconsideration filed in McGovern v. U.S. Bank
, a California bank overdraft fees lawsuit.
PAGA Claims Survive Dismissal of California Labor Code ViolationsSan Francisco, CA
On June 26, the California Court of Appeals held that an employee could continue his state Private Attorneys General Act (PAGA) claim even after settling his California Labor Code lawsuit. Linehan-Clodfelter v. Vivint, Inc.
closely follows the reasoning of the recent California Supreme Court decision in Kim v. Reins Internat. California, Inc. Kim
was widely seen as strengthening employee efforts to curb employer wage and hour abuse through PAGA, especially for workers who, daunted by the risks of arbitrating wage claims, have taken a settlement offer instead. Linehan-Clodfelter
affirms the availability of that important legal tool.
Meat Packing Giant JBS Souderton under Fire for Covid-19 DeathPhiladelphia, PA
Enock Benjamin, a meat packer at JBS Souderton Inc., died of Covid-19 on April 3, four days after the plant shut down to stop the spread of the virus. His family has filed a wrongful death and survivor lawsuit, claiming that his death was the predictable and preventable result of the JBS’s decisions to ignore worker safety. In fact, rather than protect workers, JBS increased production, implementing a “Saturday kill” to capitalize on panic buying of ground meat.
California Supreme Court Clarifies Reach of California Labor CodeSan Francisco, CA
On June 29, the California Supreme Court handed down a pair of opinions that clarify the application of the California labor code to employees who work both within and outside of the state. Ward v. United Airlines, Inc.
stands broadly for the proposition that the California labor code applies to employees if the employee works a majority of the time in California or has his or her base of operations in California. Oman v. Delta Airlines, Inc.
states the rule in the negative. The California labor code does not apply to workers who work only episodically and for less than a day at a time in California unless the employee works primarily in California during the pay period, or for those who do not work primarily in any state, if the worker has a base of operations in California.
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