#1 SAG-AFTRA Health Plan Dumps Oldest ParticipantsLos Angeles, CA On December 1, 91-year-old actor Ed Asner and nine other participants in the Screen Actors Guild-Producers Health Plan filed a class action ERISA lawsuit against the SAG-AFTRA Health Fund and Trustees of the Plan. The early coverage of the lawsuit focuses on what appears to be age discrimination against veteran actors, many of whom sacrificed television residuals for pre-1960 movies to fund the health plan at its outset.
#2 Some California Drivers May Lose Their Right to Pursue Wage Lawsuits against UberSan Francisco, CA On December 22, the U.S. District Court for the Northern District of California heard arguments in James v. Uber Technologies Inc., a class action California labor lawsuit. Judge Edward Chen appeared to focus particularly on whether the facts of the case would support the inclusion of drivers who also have other jobs in the class seeking certification.
#3 Navy Federal to Settle Overdraft Fees Lawsuit for $16 MillionAlexandria, VA The Eastern District of Virginia appears poised to approve a proposed settlement in a class action bank overdraft fees lawsuit originally filed against Navy Federal Credit Union in 2019. Under the terms of the proposed settlement, checking account customers at Navy Federal who were overcharged will have a common fund of $16 million to divide among themselves. The settlement is notable because class members need not file claims to receive compensation. The settlement fund will be automatically allocated among them according to a distribution plan set out in the agreement.
#4 What to Expect in Zantac Cancer Lawsuits for 2021 and BeyondWest Palm Beach, FL As 2020 draws to a close, the toll of death and injury from Zantac-related cancers continues to rise, as do the number of Zantac cancer lawsuits. Meanwhile, In Re: Zantac (Ranitidine) Products Liability Litigation, the multidistrict litigation into which many of the individual lawsuits have been consolidated, grinds on without much apparent news.
#6 Bayer Essure Settlement a Victory for Thousands of Essure Victims and E-SistersSanta Clara, CA On the ”Essure Problems” Facebook Page, which was started in 2011, Angie Firmalino advises about 44,000 women, called E-sisters, not to discuss their settlement as it comes with a confidentiality agreement that includes “restrictions about discussing your settlement online… discussing your settlement will jeopardize it.” Ms. Firmalino, who started the group, is referring to the $1.6 billion Bayer is paying to thousands of women who said they have suffered severe, long-term health problems from Bayer’s Essure birth control implant.
#7 Hernia Mesh Lawsuits Tangled in DelaysConcord, MA Hernia mesh lawsuits filed against three medical device manufacturers have been delayed mainly because of the coronavirus pandemic, and bellwether trials have been delayed a few times already. Nearly 15,000 hernia mesh claims pending in the federal court system have been consolidated in three multi-district litigations (MDLs).
#8 $2 Million Blue Apron Settlement Tells Two StoriesRichmond, CA Blue Apron workers have agreed to settle Bailey v. Blue Apron LLC, their lawsuit over the company’s practice of requiring workers to submit to security checks before clocking in for work and after clocking out. The time required for the security checks was unpaid and allegedly violated California labor laws requiring payment for all time during which an employee is under the employer’s control.
#10 American Home Shield Lawsuit Alleges Improper DenialsMontgomery, AL Customers of home warranty companies, such as American Home Shield can take heart that some previous home warranty lawsuits have resulted in settlements. One American Home Shield lawsuit resulted in a settlement, although the company did not admit any wrongdoing or liability in the settlement.
