ERISA Lawsuit Settlement Hits Stumbling BlockCincinnati, OH The partial settlement of
Berry v. FirstGroup America, which seemed like a sure thing less than a month ago, has hit a snag that may require substantial changes. The class action ERISA lawsuit alleged that FirstGroup America removed well-performing investment funds from the FirstGroup America, Inc. Retirement Savings Plan (the “Plan”) and replaced them with newly-launched Hewitt funds. The plan fiduciaries made this change at the urging of Hewitt, its investment adviser (later known as “Aon Hewitt” and now “Aon”). The results were disastrous. Plan participants allegedly lost tens of millions of dollars.
Can PAGA Claims Survive U.S. Supreme Court’s Pro-Arbitration Decisions?San Francisco, CA In 2023, in
Adolph v. Uber Technologies, the California Supreme Court will decide whether non-individual Private Attorneys General Act (PAGA) claims can be heard in a courtroom, rather than before an arbitration panel. This is profoundly significant for lawsuits brought under the California Labor Code because many savvy employers now require employees to agree to arbitrate any disputes and to waive their rights to assert PAGA claims. Employer arbitration panels are where workers’ wage and hour claims go to die. PAGA claims have been the exception.
Another Philips CPAP Cancer LawsuitNew York, NY Another CPAP lawsuit has been filed against Philips, this time by a New York man suffering from mouth and tongue cancer and other injuries. This latest lawsuit joins hundreds of other former users of Philips CPAP devices diagnosed with cancer as part of an MDL in the Western District of Pennsylvania.
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