#1 Can a TPA’s Exploitation of a Plan Sponsor’s Breach of ERISA Duty Make the TPA a Fiduciary?New York, NY - On May 31, U.S. District Court Judge Katherine Polk Failla denied Teachers Insurance and Annuity Association of America’s (TIAA) motion for summary judgment in a lawsuit that accused the insurance giant of aggressive and misleading sales tactics. TIAA’s “fear selling” strategy was crafted to persuade pension plan participants to move their accounts out of ERISA-protected plans into more expensive proprietary investment products marketed by TIAA.
#2 J&J Offers $6.48 Billion to Settle Ovarian Cancer Talcum Powder LawsuitsTrenton, NJ - In May, Johnson & Johnson offered to pay roughly $6.48 billion over 25 years to settle all current and future talcum powder lawsuits. These lawsuits allege that baby powder containing asbestos-contaminated talc caused ovarian cancer. Erik Haas, J&J's worldwide vice president of litigation, insists that this offer is fundamentally different than the two that courts rejected before. If accepted, it would resolve 99.75 percent of J&J’s remaining talc lawsuits in the U.S.
#3 Thousands More Suboxone LawsuitsSanta Clara, CA - Just days before the Suboxone deadline to file, thousands of new Suboxone dental injury plaintiffs--many of whom have likely suffered more than tooth loss--have filed complaints against the manufacturers. June 2024 marked the second-year anniversary of a label warning update and potentially marked the statute of limitations on some claims.
#4 FDA Stalls Formaldehyde Hair Relaxer BanSanta Clara, CA - When it comes to regulating products, hair relaxers in the U.S. are like the wild west. Despite the FDA announcing a proposed ban for April 2024 on hair straighteners containing formaldehyde (it has missed that deadline), and despite the EPA announcing that exposure to formaldehyde is an “unreasonable risk to human health”, nothing has been done to remove this known human carcinogen from the market.
#5 CVS Pharmacy Faces California Labor LawsuitLos Angeles, CA - A class action lawsuit filed under the Private Attorneys General Act (PAGA) in Los Angeles County Superior Court by a former employee claims CVS Pharmacy violated California labor laws, including failure to pay overtime, altering time keeping records and more.
#6 Disabled Vet Challenges Medical Malpractice Ban in Supreme CourtWashington, DC - On June 5, Staff Sgt. Ryan Carter, filed a petition for certiorari with the U.S. Supreme Court, challenging a 1950 judge-made rule that prevents “tortiously injured military service members” from filing veterans medical malpractice lawsuits against the federal government. The “Feres doctrine,” as this rule is known, has come under increasing criticism in recent years. Carter’s challenge stands out, however, because the facts giving rise to its application in his case are particularly troubling.
#8 Bayer’s Monsanto Roundup UpdatePhiladelphia, PA - The last few months have been busy for both Bayer and plaintiffs alleging Monsanto’s Roundup causes cancer. The Philadelphia court slashed a Pennsylvania man’s verdict from $2.25 billion to $400 million and Roundup cases continue to be filed in the multi-district litigation. As for Bayer, it is looking to lawmakers for support. Legal experts are doubtful that protective legislation will affect existing lawsuits but on the other hand it could limit future claims.
#9 TJ Maxx Violates California Labor Laws – AgainLos Angeles, CA - A T.J. Maxx employee claims that thousands of its California employees had to work through their rest breaks but were forced to mark otherwise on their time sheets. The retailer is facing other California labor violations stated in the proposed class action, which the retailer has a habit of repeating.
#10 Wellbutrin Caused Two Suicide AttemptsFletcher, OK - "I'm not ashamed to tell my story about Wellbutrin and my suicide attempts," says Anita. "I just hope I can help someone else, because this terrible drug didn't just affect me. What's even worse is that this drug is still given to teenagers—it should be taken off the market."
