#1 Motion Picture Industry ERISA Plan under the Bright, Hot LightsLos Angeles, CA On October 7, Patricia Klawonn filed an ERISA lawsuit against the Board of Directors for the Motion Picture Industry Pension Plans in the District Court for the Central District of California. The lawsuit alleges that The Board breached its fiduciary duty under ERISA, citing as evidence “abysmal returns [that] are the product of a fundamentally flawed investment strategy.” The Board has moved to dismiss the lawsuit, citing fundamental flaws, including a statute of limitations problem.
#2 Target Red Card Lawsuit Poised to Settle for $8.2 MillionSan Diego, CA On December 2, the Southern District of California granted preliminary approval to the settlement of a class action lawsuit that shone a light on the real cost of Target’s Red Card purchases for thousands of Target shoppers since 2012. The store-branded payment card permitted Target to charge Returned Payment Fees (RPFs) of $20 to $40 in addition to multiple bank overdraft fees on purchases for which there were insufficient funds in a customer’s account.
#3 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.
#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.
#5 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.
#6 Bard Hernia Mesh Bellwether Trial PosptonedColumbus, OH Having been delayed three times now, the first C.R. Bard hernia mesh lawsuit is slated for April 19, 2021. The bellwether jury trial has been centralized before U.S. District Judge Edmund A. Sargus in the Southern District of Ohio. At issue is that Bard and its subsidiary Davol knew and when they knew about their defective hernia mesh.
#7 “Do I Have a Firefighting Foam or Contaminated Water Lawsuit?” PFAS Contamination Lawyer Weighs InHouston, TX PFAS contamination lawyer Bill Barfield, with McDonald Worley law firm, says the number of calls they receive about PFAS exposure is on the rise, from individuals worrying that their drinking water is contaminated to first responders exposed to firefighting foam at vehicle accident scenes. “Their first question is, ‘Do I have a claim?’ and their second question is, ‘Where can I get PFAS testing?’” says Barfield.
#10 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.
