Thousands more CPAP Lawsuits in Store for PhilipsPhiladelphia, PA A recent FDA investigation has determined that Philips, the manufacturer of up to 15 million potentially defective sleep and breathing devices worldwide, knew its machines were faulty years before it issued a recall last June. The CPAP (Continuous Positive Airway Pressure) and BiPAP devices were recalled because sound abatement foam (PE-PUR Foam) in the machines had been degrading and causing users to inhale toxic particles. Now the investigation has been made public, CPAP sleep machine lawsuits are rolling in.
ERISA Lawsuit Against UnitedHealth Subsidiary Gets Class Action StatusMadison, WI On December 15, the District Court for the Western District of Wisconsin agreed that plaintiffs in a lawsuit against UMR, the benefits administrator for employer-sponsored UnitedHealth insurance plans, could proceed as a class. As many as 1,600 individuals may ultimately be included in ERISA lawsuit. This appears to have weighed heavily in the Court’s decision that
Berceanu v. UMR, Inc. could proceed as a class action lawsuit.
Flowers Foods Leaves Bad Taste for Distributor DriversSanta Clara, CA A California federal judge ruled that Flowers Foods Inc. misclassified its distributor drivers as independent contractors and drivers can go ahead with overtime claims against the second-largest commercial bakery in the US (whose brands include Wonder Bread, Tastykake, Sunbeam, and Nature’s Own). It has a track record of misclassification lawsuits nationwide: in October 2021 the company agreed to pay $20 million to resolve nearly six years of Fair Labor Standards Act litigation involving more than 50 delivery drivers in Maine, and that’s not all. No wonder the cost of bread has gone up – it can’t put all the blame on the pandemic.
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