#2 TD Bank Hit with Excessive Bank Overdraft Fees LawsuitCamden, NJ On June 24, Judith Jimenez filed a class action bank overdraft fees lawsuit claiming that TD Bank, NA re-opened her checking account, which the bank had previously closed, for the express purpose of charging her an overdraft fee. Mission accomplished, the bank then closed her account again – all without her authorization. The lawsuit further claims that TD Bank had a routine practice of opening accounts in the names of consumers without lawful authority. If this sounds familiar, it should.
#3 Victory for Women with Ovarian Cancer linked to Johnson & Johnson’s Talc in Missouri Court of AppealsSt. Louis, MO A panel of three judges with the Missouri Appeals Court has found Johnson & Johnson “Outrageous because of Evil Motive or Reckless Indifference” and upheld an award of over $2 billion in damages: $500 million in compensatory damages, plus another $1.62 billion in punitive damages. This group of 22 ovarian cancer victims-- all of whom developed ovarian cancer from J&J’s baby powder-- has now received the sixth largest award in U.S. legal history.
#4 New Jersey Allergan Biocell Textured Breast Implant Lawsuits Consolidated in New Jersey Superior CourtHackensack, NJ On July 7, the initial case management conference for In Re: Allergan Biocell Textured Breast Implant Products Liability Litigation (the “MCL”) was held before Judge Rachelle Harz in New Jersey Superior Court in Bergen County. The consolidation of state law actions is intended to permit speedy, cost-effective and consistent management of the common issues that the breast implant side effects lawsuits are expected to share. This multicounty litigation will proceed in parallel with the multidistrict federal lawsuits (the “MDL”) that have been consolidated in Newark.
#5 California Supreme Court Clarifies Reach of California Labor CodeSan Francisco, CA On June 29, the California Supreme Court handed down a pair of opinions that clarify the application of the California labor code to employees who work both within and outside of the state. Ward v. United Airlines, Inc. stands broadly for the proposition that the California labor code applies to employees if the employee works a majority of the time in California or has his or her base of operations in California. Oman v. Delta Airlines, Inc. states the rule in the negative. The California labor code does not apply to workers who work only episodically and for less than a day at a time in California unless the employee works primarily in California during the pay period, or for those who do not work primarily in any state, if the worker has a base of operations in California.
#6 Aftermath of a Horrific Amusement Park AccidentLouisville, KY It is not only a parent's worst nightmare but anyone's worst nightmare??"in this case an Amusement Park Accident at a popular theme park that resulted in a 13-year-old girl having both of her feet severed above the ankle. Kaitlyn Lasitter survived, and doctors were able to re-attach her right foot. But they could not save her left, and Kaitlyn now walks with a prosthesis.
#7 Rite-Aid not doing it RightSanta Clara, CA A California federal judge says Rite Aid violated California labor law by not reimbursing its employees for their uniforms. And one month previously, in May, Rite-Aid was hit with another lawsuit. Along with Thrifty PayLess Inc., about 10,000 employees may be owed wages for time spent undergoing off-the-clock security checks.
#9 UPS Facing Multiple Employee Lawsuits, Employees Feeling PressuredRiverside, CA UPS Supply Chain Solutions employees filed a class action lawsuit claiming the company failed to pay overtime wages, failed to pay minimum wages, failed to provide required meal breaks and rest periods and other violations of the California labor law. This lawsuit is currently pending in the Riverside County Superior Court, Case No. RIC2000727.
#10 Lisinopril Also Linked to Kidney Damage?Eau Claire, WI Although Joanne knows that Lisinopril has been linked to liver damage, she can't help but wonder if this ACE inhibitor, which is used to control high blood pressure, could also be associated with kidney problems.
