Welcome to the TGIF edition of Law News for You—brought to you by LawyersandSettlements.com.
The Top 10 legal news stories our readers were most interested in this week.
#1 Rantidine Recalls Stoke Zantac Cancer LawsuitsWashington, DC A cascade of recalls – by Sanofi, the manufacturer of Zantac and a collection of pharmacies that distribute the heartburn drug – is fuel to the fire of the Zantac cancer lawsuits now forming. Lawyers reportedly anticipate an explosion of Zantac lawsuits over the next several months.
#2 Strippers Settle California Labor Lawsuit for $3.65 MillionRiverside, CA The District Court for the Central District of California has approved a $3.65 million settlement to end a California labor lawsuit that claims The Spearmint Rhino nightclub chain misclassified dancers as independent contractors in violation of the Fair Labor Standards Act (FLSA) and provisions of California Labor Law. The dancers, who "provided nude, semi-nude, and/or bikini entertainment," at the club’s locations since Oct. 30, 2017, will ultimately net about $2.6 million.
#4 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.
#5 Lisinopril—Hidden DangersLas Vegas, NV Many prescription drugs are as common as aspirin; it's no wonder that many consumers don't read warning labels or consider that a medication could be associated with side effects. Take Lisinopril, for instance. It is one of the most widely prescribed drugs in the US, and it also has the potential to harm a lot of people.
#6 Supreme Court Sends IBM Stock Drop ERISA Lawsuit Back to Second CircuitWashington, DC On January 14, the Supreme Court sent Retirement Plans Committee of IBM v. Jander, a much-watched ERISA lawsuit, back to the Second Circuit for further consideration of defensive arguments raised by the plan administrators. The decision is a setback, although perhaps not a fatal one, for participants in employee stock ownership plans (ESOPs) who claim that they have been injured because of corporate financial fraud. These “stock drop” lawsuits are one of several different kinds of 401k fiduciary mismanagement lawsuits.
#7 More 3M Earplug Lawsuits Filed by Veterans NationwideSanta Clara From Minnesota to Texas to California, about 2,000 defective earplug lawsuits made by the 3M company and Aero Technologies (bought by 3M) have been filed by U.S. veterans, many of whom suffer tinnitus and permanent hearing loss. These lawsuits have been pouring in since 3M agreed in the summer of 2018 to pay U.S. military branches $9.1 million to settle government allegations that the Maplewood-based company supplied defective earplugs.
#9 Bank of America Breached Customer Contracts, Charging Overdraft Fees on Non-Recurring TransactionsNew York, NY Cockrom v. Bank of America alleges that Bank of America (BofA) charged overdraft fees on everyday one-time purchases, like a cup of coffee or a tank of gas, even when its deposit agreements promised that overdraft fees would be levied only on recurring transactions, such as a mortgage payments. This is a new twist on bank overdraft fee lawsuits, but it’s a relatively simple scheme. There is nothing about the difference between “available balance” and “actual balance;” there are no delayed deposits and no selective check clearing. It’s a straightforward New York law breach of contract lawsuit.
#10 Texas Employment Law: Don't Wait to Take Your PTOHouston, TX Pete did his company a service by not taking Paid Time Off (PTO) in over four years of employment. Yesterday was his last day of work. He has accrued 150 hours of PTO, but Texas Employment law does not require that employers pay workers for earned but unused vacation upon termination, unless the employer has a written policy or past practice of doing so.
