Feb 11, 2016
Product Liability

Johnson & Johnson Hit with $13.5 Million Verdict in TVM Trial

Johnson & Johnson is set to pay $13.5 million as a part of a verdict in a case that claimed it sold pelvic mesh implants that were not practically safe. The lawsuit claimed that the plaintiff suffered from constant pain and discomfort due to the allegedly faulty product. The jury agreed with statements that the plaintiff’s physician would not have used or recommended the product if he was aware of its risks. 

Feb 11, 2016
What You Need To Know

CDC: Lumber Liquidators Flooring May Cause Health Problems

The Center for Disease Control and Prevention released a report on Wednesday that says the high-formaldehyde flooring sold by Lumber Liquidators may cause health problems. There has been speculation regarding the health issues caused by LL flooring since the 60 Minutes broadcast last year, but the CDC report gives us some actual info about the potential risks. According to the report, the risk of cancer is low – but there is potential for the flooring to cause difficulty breathing and irritation.  

Feb 11, 2016
Labor & Employment

Lawsuit: Kroger Co. Denied Appropriate OT Pay to Recruiters

Kroger Co. has been hit with a proposed class action claiming that it failed to pay its in-house recruiters proper overtime wages. According to the lawsuit, Kroger violated the Fair Labor Standards Act by intentionally misclassifying its recruiters as exempt. Class certification in this case would allow plaintiffs to seek compensation for themselves and close to 200 other recruiters. 

Feb 11, 2016
Labor & Employment

Burger King Unlawfully Retaliates Against Striking Workers

Burger King was ordered, by a National Labor Relations Board judge, to repeal its disciplinary measures toward striking workers who found the measures the fast-food chain took to be unlawful. The strike in question took place in Kansas City last April. Six workers who participated in the strike were asked to re-apply for their positions and one man, who had strong ties to the committee that organized the strike, was not rehired. Burger King claimed that he wasn’t rehired because of a history of tardiness and misconduct, but the judge said that the reasoning wasn’t convincing. 

Feb 10, 2016
Newly Filed / Newly Settled

BofA Settles Homeowner Insurance Lawsuit

Bank of America has agreed to pay $3 million to settle claims that it withheld insurance payments from homeowners who intended to use them for repairs after a storm caused substantial property damage. According to the lawsuit, Bank of America was required to give the homeowners checks from their insurance providers – but they failed to do so. Bank of America still denies any wrongdoing. 

Feb 10, 2016
Newly Filed / Newly Settled

Dunkin' Donuts Hit with Illegal Tax Class Action

Dunkin’ Donuts is facing proposed class actions claiming that it’s been charging New York and New Jersey customers tax on products that are tax-exempt – most food in New York and both coffee and bottled water in New Jersey. Both suits claim that Dunkin’ Donuts was aware of the illicit activity since 2013 and that it broke state business and consumer protection laws  in the process.

Feb 10, 2016
Newly Filed / Newly Settled

Wendy's Hit with Data Breach Class Action

Wendy’s is being sued after it revealed that a data breach compromised the debit and credit card numbers of its customers last month. The lawsuit claims that Wendy’s was negligent when it came to providing proper security to protect its customers’ information from cyberattacks. The plaintiff says that his card info was stolen in the breach and that the thieves spent close to $600 at his expense. 

Feb 10, 2016
Newly Filed / Newly Settled

Nissan Faces Class Action Over Defective Airbags

Nissan is facing a proposed class action claiming that it hid a known defect from its customers. The lawsuit alleges that the side airbags in Nissan Frontiers are too sensitive and deploy when the vehicle is in no danger of a rollover. The plaintiff says that the airbag issue is not only expensive to repair – thousands of dollars – but is also a distraction that increases the chances of getting into an accident. 

Feb 10, 2016
Newly Filed / Newly Settled

NJ Houlihan's Hit with Overtime Wage Class Action

A New Jersey Houlihan’s operator is facing a proposed class action claiming that he made illegal meal deductions from workers’ pay and that he didn’t pay his employees appropriate overtime wages. The suit alleges violations of the New Jersey Wage and Hour Law, as well as the New Jersey Wage Payment Law. If the case gets certified as a class action, it would cover anyone who works (or used to work) at a New Jersey Houlihan’s and experienced these allegedly unlawful policies.  

Feb 10, 2016
Newly Filed / Newly Settled

BofA Settles Advisor Trainee Wage and Hour Suit

Bank of America and its subsidiary Merrill Lynch have agreed to settle class actions that claimed they failed to pay their financial advisor trainees proper overtime wages. The lawsuits alleged that employees working in the training program were wrongfully classified as exempt from overtime in violation of the Fair Labor Standards Act. 

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