#1 Navy Federal to Settle Overdraft Fees Lawsuit for $16 Million
Alexandria, VA The Eastern District of Virginia appears poised to approve a proposed settlement in a class action bank overdraft fees lawsuit originally filed against Navy Federal Credit Union in 2019. Under the terms of the proposed settlement, checking account customers at Navy Federal who were overcharged will have a common fund of $16 million to divide among themselves. The settlement is notable because class members need not file claims to receive compensation. The settlement fund will be automatically allocated among them according to a distribution plan set out in the agreement.
#2 Chipotle Workers Argue Against Supreme Court Review of Wage and Hour Lawsuit
Washington, DC On November 2, a group of Chipotle Apprentices (entry-level managers) filed a petition with the U.S. Supreme Court asking that their wage & hour lawsuit not be reviewed. Their lawsuit, originally brought in New York as Scott v. Chipotle Mexican Grill, Inc., seeks overtime pay for workers who were misclassified as managers and thus not protected by wage and hour laws.
#3 Safeway 401k Plan to Settle ERISA lawsuit for $8.5 Million
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 the expense of participants.
#5 Bayer Essure Settlement a Victory for Thousands of Essure Victims and E-Sisters
Santa Clara, CA On the ”Essure Problems” Facebook Page, which was started in 2011, Angie Firmalino advises about 44,000 women, called E-sisters, not to discuss their settlement as it comes with a confidentiality agreement that includes “restrictions about discussing your settlement online… discussing your settlement will jeopardize it.” Ms. Firmalino, who started the group, is referring to the $1.6 billion Bayer is paying to thousands of women who said they have suffered severe, long-term health problems from Bayer’s Essure birth control implant.
#6 Aftermath of a Horrific Amusement Park Accident
Louisville, KY It is not only a parent's worst nightmare but anyone's worst nightmare??"in this case an Amusement Park Accident at a popular theme park that resulted in a 13-year-old girl having both of her feet severed above the ankle. Kaitlyn Lasitter survived, and doctors were able to re-attach her right foot. But they could not save her left, and Kaitlyn now walks with a prosthesis.
#7 C.R. Bard Hernia Mesh Trial Gets the Green Light
Santa Clara, CA Federal hernia mesh lawsuits filed against C.R. Bard are proceeding with the first bellwhether trial scheduled for January 2021 (it was postponed due to COVID), despite numerous efforts by the medical device maker to have the case dismissed. This trial may well indicate the future of hernia mesh litigation and significantly impact up to 10,000 pending hernia mesh cases.
#8 California Office Manager Need Not Arbitrate PAGA Claim
Santa Ana, CA On October 26, California's Fourth District appellate court ruled that Enedina Aguirre does not have to arbitrate a claim she made against Prudential Overall Supply under the California Private Attorneys General Act. The California labor lawsuit affirms, once more, that the mandatory arbitration agreements, which many employees must sign as part of their routine onboarding process, do not prevent them from filing PAGA claims that may subject employers to stiff penalties.
#9 Lisinopril—Hidden Dangers
Las Vegas, NV Many prescription drugs are as common as aspirin; it's no wonder that many consumers don't read warning labels or consider that a medication could be associated with side effects. Take Lisinopril, for instance. It is one of the most widely prescribed drugs in the US, and it also has the potential to harm a lot of people.
#10 Is Dynamex Ruling Retroactive?
Santa Clara, CA Just as the polls closed on Proposition 22—a ruling that allows companies to hire app-based drivers as independent contractors instead of employees—the California Supreme Court heard arguments in Vazquez v. Jan-Pro Franchising Int’l, Inc. At issue is the Dynamex ruling and whether it should be retroactive to worker misclassification lawsuits filed before it was decided.