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attorneys 346 articles

On-call employment scheduling ended by Victoria’s Secret


Earlier this month, on-call employment came into question when one Victoria’s Secret employee filed a lawsuit stating that mandatory on-call shifts resulted in wage theft in the retail industry. According to BuzzFeed News, Victoria’s Secret has now put an end to its on-call scheduling practices. On-call employment is a common practice still utilized by many employers, primarily in the retail industry, as a means of ensuring they have backup employees available if needed. However, since employees are required to call in at least two hours before their scheduled shift, and be available between those hours, on-call workers are unable to accurately schedule ... Read More

Attorneys request consolidation of power morcellator lawsuits


Attorneys for six women suing Johnson & Johnson over injuries they claim to have suffered after undergoing gynecological procedures with the company’s power morcellator device have filed a request with the U.S. Judicial Panel on Multidistrict Litigation to consolidate with at least 22 similar lawsuits pending in 16 different federal district courts. The motion seeks to transfer the cases to U.S. District Judge Kathryn Vratil in Kansas. The request comes just weeks after the Wall Street Journal reported that Johnson & Johnson was being investigated by the Federal Bureau of Investigation (FBI) about how much the company knew about cancer ... Read More

Attorneys request moving hundreds of transvaginal mesh lawsuits to PA

transvaginal mesh

Plaintiffs in more than 500 lawsuits spread across two separate multidistrict litigations alleging defectively designed transvaginal mesh made by Bard Inc. and Ethicon Inc. caused serious injuries have requested their cases be moved out of West Virginia and into Pennsylvania federal court so that their claims could be dealt with faster. More than 70,000 lawsuits in seven separate multidistrict litigations alleging injuries with transvaginal mesh from various manufacturers are pending in West Virginia. At least 23,000 of those are waged against Johnson & Johnson’s Ethicon, and another 10,000 have been filed against Bard. This week, U.S. District Judge Joseph Goodwin, ... Read More

Plaintiffs accuse GM, lawyers of ignition switch cover-up

GM recall

General Motors and its lawyers worked together to cover up the automaker’s deadly ignition switch defect and avoid a recall, multidistrict litigations (MDL) plaintiffs asserted in a motion to compel documents filed last week in a New York federal court. The plaintiffs argue that starting in 2010, Atlanta-based international corporate law firm King & Spalding warned GM repeatedly about the legal trouble that would befall GM if knowledge of its ignition switch defect became known. To remedy this, the law firm encouraged the new post-bankruptcy GM to quietly settle with plaintiffs harmed by the ignition switch defect in Chevrolet Cobalts, ... Read More

Whistleblower complaint over D.C. school food program ends in $19-million settlement


A whistleblower complaint has resulted in a settlement between Washington D.C. and its largest public school food vendor, which agreed to pay $19 million to resolve claims it systematically overcharged the city and botched its management of school meal programs, resulting in shipments of food arriving late, in short supply, and often spoiled. Jeffrey Mills, the former executive director of the D.C. school system’s Office of Food and Nutritional Services, sued Chartwells and Thompson Hospitality under the District’s False Claims Act, which is modeled after the federal False Claims Act and contains qui tam provisions that allow private citizens to ... Read More

On-call employment class action alleges wage theft in retail sales industry


What’s one thing that some part-time Victoria’s Secret employees have in common with doctors, police officers and emergency responders? They’re all required to work “on-call” shifts, except the on-call Victoria’s Secret employees aren’t compensated fairly for the unpredictable scheduling. An on-call employment class-action lawsuit may change soon that. According to BuzzFeed News, the lawsuit against Victoria’s Secret claims that workers should be properly compensated for on-call shifts, even if their shift is cancelled, since they’re required to call in at least two hours beforehand and be available between those hours. As a result of this unpredictability, on-call workers are unable ... Read More

Opening arguments begin in transvaginal mesh injury case

transvaginal mesh

Boston Scientific Corp. manufactured and sold a transvaginal mesh device that was never properly tested for safety and efficacy, and ignored warnings regarding the plastic used to make the implant, the plaintiff attorney told a California jury during opening arguments this week in a product liability lawsuit alleging the company’s transvaginal mesh caused serious injuries. Rosanne Sanchez filed the lawsuit against Boston Scientific in 2012, becoming one of thousands of plaintiffs suing manufacturers of transvaginal mesh implants over claims that the devices were defectively designed and caused injuries. Transvaginal mesh, also known as vaginal mesh, pelvic mesh or bladder sling, ... Read More

Philadelphia court system establishes Xarelto mass tort


Philadelphia’s court system has established a new Xarelto mass tort involving about 170 plaintiffs alleging uncontrollable and sometimes fatal bleeding with the blood thinning drug. The lawsuits name Johnson & Johnson subsidiary Janssen Pharmaceuticals and Bayer Healthcare Pharmaceuticals as the defendants. The city’s first Xarelto side effects lawsuit was filed in the Philadelphia Court of Common Pleas in February 2014 and since then the cases have been mounting. In November 2014, 19 new cases were filed followed by 26 in December, 17 in January 2015, 37 in February and 50 in March. Some attorneys suspect more cases will follow once it is ... Read More

Judge approves NFL concussion compensation package for retired athletes

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A landmark deal between the National Football League (NFL) and former players to compensation for concussion-related injuries has been approved by a federal judge, and could cost the league as much as $1 billion over 65 years, according to projections. The settlement was first announced in August 2013, but capped the compensation at $765 million over 65 years. Concerns were raised that the fund wasn’t enough to cover health care and other benefits for the retired athletes and their survivors. The NFL finally agreed to lift the cap. Total payouts over 65 years, which includes interest and$112 million in attorneys ... Read More

Personal injury lawsuits target testosterone makers


A conference to review the progress of discovery efforts in a group of more than 1,340 lawsuits against manufacturers of testosterone treatments is scheduled for April 21, and the first case is expected to go trial in the fall of 2016. The lawsuits were consolidated in U.S. District Court in the Northern District of Illinois and target seven testosterone makers claiming the drugs caused heart attacks, strokes and other health problems. Testosterone treatments are prescription hormones that are designed to treat hypogonadism, a condition in which men do not produce enough testosterone due to injury or disease. Pharmaceutical companies have ... Read More