Provided by LawyersandSettlements.com Law News For You - Friday Edition
May 13, 2022
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The Top 10 legal news stories our readers were most interested in this week.

Alcoa Fights Retirees’ ERISA Lawsuit over Health Benefits Plan
#1  Alcoa Fights Retirees’ ERISA Lawsuit over Health Benefits Plan
Evansville, IN In December 2020, Alcoa USA Corp. retirees brought an ERISA lawsuit in the Southern District of Indiana to block Alcoa’s announced plan to change the way in which it provided collectively bargained retiree health benefits. The changes at issue in Kaiser v. Alcoa USA Corp. (originally captioned Simpkins v. Alcoa USA Corp.) became effective in 2021 and affect roughly 3,000 retirees and spouses. They were made unilaterally by Alcoa, apparently without negotiating with the workers’ collective bargaining representative.

Georgia Court of Appeals Affirms Class Action Status for Excessive Overdraft Fees Lawsuit
#2  Georgia Court of Appeals Affirms Class Action Status for Excessive Overdraft Fees Lawsuit
Atlanta, GA In 2010, Jeff Bickerstaff Jr. filed a class action excessive overdraft fee lawsuit against SunTrust Bank, claiming that the $36 overdraft fees he paid when he overdrew his checking account violated Georgia state laws limiting interest charges. The Complaint claims that the fees amount to interest rates as high as 1,000 percent.

Maker Of “Neuro” Drinks Agrees To Pay $500,000 In Fines and Restitution
#3  Maker Of “Neuro” Drinks Agrees To Pay $500,000 In Fines and Restitution
Neurobrands LLC, the Santa Monica-based maker of the “Neuro” line of drinks, has agreed to a permanent court injunction that requires it to change its marketing practices. The company will also pay $500,000 in penalties and restitution as part of a settlement with local prosecutors.

Debtor-in-Possession Bankruptcy for MD Helicopters?
#4  Debtor-in-Possession Bankruptcy for MD Helicopters?
Wilmington, DE MD Helicopters Inc. appears to have secured financing that will allow the company to emerge from bankruptcy as an operating business. The company’s Chapter 11 bankruptcy petition was, however, only the latest twist in a case that began as a whistleblower lawsuit in 2013.

United Airlines Pilots and Flight Attendants Seek Summary Judgment in Pay Stub Fight
#5  United Airlines Pilots and Flight Attendants Seek Summary Judgment in Pay Stub Fight
Los Angeles, CA – On January 12, United Airlines pilots and flight attendants asked the Central District of California to find that the pay statements they received from the airline violate section 226 of the California Labor Code because the statements do not include hourly rates or hours worked and are not easily understandable. Felicia Vidrio v. United Airlines Inc., a class action lawsuit, was dismissed by the same court in 2017. The decision now appears ripe for reconsideration following the Ninth Circuit’s 2021 decision in Ward v. United Airlines.

Lisinopril Associated with Many Serious Side Effects, Including Angioedema and Liver Damage
#6  Lisinopril Associated with Many Serious Side Effects, Including Angioedema and Liver Damage
Houston, TXLisinopril, used to treat hypertension, congestive heart failure and heart attack, is associated with many side effects including liver damage. Beverly was diagnosed with angioedema (which can be life-threatening) as a direct result of Lisinopril, according to her hospital doctors.

Uber’s Petition to Arbitrate Driver’s Misclassification Complaint Denied
#7  Uber’s Petition to Arbitrate Driver’s Misclassification Complaint Denied
Santa Clara, CA A state appeals court told Uber last month that it cannot force a former driver to arbitrate his misclassification lawsuit or even whether he is an employee and therefore entitled to bring a representative claim under California’s Private Attorneys General Act (PAGA).

Insufficient Funds Charges Threaten Small-Balance Accountholders
#8  Insufficient Funds Charges Threaten Small-Balance Accountholders
Albany, NY Excessive bank fees that are based on insufficient funds (NSF) charges may pose a greater threat to checking accountholders than overdraft fees. Recent lawsuits recognize that, without protections based largely in state contract law, consumers have little protection from NSF fees that result when checks or electronic payments that are presented and re-presented multiple times without the accountholder’s permission.

Microsoft to Pay $2 Million in Workplace Bullying Case
#9  Microsoft to Pay $2 Million in Workplace Bullying Case
Austin, TXMichael Mercieca kept the faith and after seven years finally saw the courts order Microsoft to pay for bullying him to a near breaking point.

Lisinopril—Hidden Dangers
#10  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.

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