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.
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