#1 $2.25 Million Settlement Pending in Seidner v. Kimberly-ClarkDallas, TX - A $2.25 million settlement that, if approved, will end Seidner v. Kimberly-Clark was filed on December 2 in the Northern District of Texas. The long-running class-action ERISA lawsuit alleges that fiduciaries of the Kimberly Clark Corporation 401(k) and Profit Sharing Plan breached their legal duty under ERISA by paying higher fees ($78 per participant) than what was paid (about $30 per participant) by plans of comparable size. Excessive fees erode the ultimate value of participants’ retirement savings.
#2 Family Awarded $8.7M for Medical Malpractice in Veteran’s DeathAtlanta, GA - An Atlanta family was awarded $8.7M last week after Jessie James Anderson, a U.S. Army veteran, died from veteran medical malpractice almost eight years ago. Anderson underwent surgery at the Atlanta VA Medical Center and died after a nurse’s feeding tube error. The wrongful death case, which was heard in the U.S. District Court for the Northern District of Georgia, led to a long and complex legal fight about the government’s failure to care for its veterans and its discovery violations.
#3 Mastercard Proposes $26M to Resolve Discrimination LawsuitNew York City, NY - Mastercard has agreed to pay $26 million to resolve a proposed discrimination class action lawsuit. If approved by a federal judge, the settlement will affect about 7,500 Black, Hispanic and female workers nationwide, starting in 2016, who claimed they were systematically underpaid by the card network.
#4 Supreme Court Rides to the Rescue in ERISA Excessive Fee LawsuitWashington, DC - Sometimes the sheer procedural clutter of so many ERISA lawsuits obscures what is important. The U.S. Supreme Court’s April 17, 2025 holding in Cunningham v. Cornell University is one of those cases. The bottom line, however, is that the Court preserved the ability of ERISA plan participants to sue fiduciaries for wasting their retirement savings by overpaying for administrative services. The opinion, authored by Justice Sonya Sotomayor, is also virtually certain to be lawyered and parsed down to its semicolons as counsel for plan sponsors and administrative service providers strive to limit its application.
#5 Tesla Cited for California Labor Code ViolationsSan Francisco, CA - In June of 2024, Sharon Lane Chin filed a class action lawsuit alleging that Tesla, Inc. had violated both the federal Worker Adjustment and Notification Act (WARN) and the California version of the law. California WARN is codified as Section 1404 of the California labor code. She also sought relief under California’s Private Attorneys General Act (PAGA).
#6 NEC Infant Formula Makers Face Retrial in Only VictorySt. Louis, MO - Infant baby formula manufacturers are facing a new trial after a Missouri judge accused their lawyers of misconduct, which resulted in the jury’s unfair verdict over their only victory. The companies Abbott and Reckitt are accused of failing to warn that their specialised formulas used by intensive care units for newborns could cause necrotising enterocolitis (NEC), a disease that affects premature infants and has an estimated mortality rate of more than twenty percent.
#8 The Influence of Slip‑and‑Fall Litigation on Small Businesses: Between Liability and FraudSanta Clara, CA - The impact of slip‑and‑fall accidents is far more than a nuisance in modern commerce; it is a legal hazard that can jeopardize a company’s financial stability and reputation. What may appear to be a minor incident can quickly escalate into a costly lawsuit, placing small businesses in precarious legal and economic positions. This article examines how such accidents affect companies, reviews notable legal cases, and outlines strategies to prevent claims and mitigate liability.
#9 Wells Fargo Settles Disability Discrimination Suit for 22.1 millionCharlotte, NC - A former Wells Fargo Securities supervisor was awarded $22.1 million by a federal court jury in Charlotte in July. Christopher Billesdon’s disability and age discrimination lawsuit accused the San Francisco-based bank of violating the Americans with Disabilities Act and wrongful discharge under North Carolina state law. However, the bank asked the court in August to toss the jury’s decision.
#10 Google Settles Disability LawsuitSanta Clara, CA - Google and a former employee have settled a disability discrimination lawsuit in California federal court. Plaintiff Steven Newman claimed he was unlawfully terminated after taking medical leave for bipolar disorder. The settlement terms have not yet been disclosed.
