American Association for Justice Releases Video in Support of FAIR Act Aimed at Eliminating Forced Arbitration in Employment Contracts

American Association for Justice Releases Video in Support of FAIR Act

Early this year, democratic lawmakers announced a new bill aimed at ending the practice of forced arbitration in employment contracts. The Forced Arbitration Injustice Repeal (“FAIR”) Act seeks to end the use of mandatory arbitration clauses, which are often inserted into workers’ contracts to require that they waive their right to sue their employers in a real court. With their right to sue waived, employees complaints instead are directed to a private system funded by employers where employers are seen to gain the upper hand in job-related disputes. [Read more…]

Kelly M. Dermody Comments on New Federal Paycheck Fairness Act

Kelly Dermody Comments on New Federal Paycheck Fairness Act

As reported in the Daily Journal (subscription), on Wednesday March 27, 2019, the U.S. House of Representatives passed a new bill called the federal Paycheck Fairness Act, aimed at giving mistreated employees more effective tools to assert their rights by expanding sex discrimination class actions, damages assessments therein, and company reporting requirements. [Read more…]

Michael Sobol Shares 2019 California Lawyer of the Year Award for Anthem Data Breach Litigation

Michael Sobol Shares 2019 California Lawyer of the Year Award for Anthem Data Breach Litigation

The editorial staff of the California Daily Journal have named Lieff Cabraser partner Michael W. Sobol, along with Eric Gibbs of the Gibbs Law Group and Eve Cervantez of Altshuler Berzon, as 2019 California Lawyer of the Year award recipients for their work on the In re Anthem Data Breach Litigation. The annual CLAY Awards are considered by the California legal community as one of the most prestigious awards, given to “outstanding attorneys whose extraordinary work has had a major impact on the law.” [Read more…]

Arbitration Barred for Parent Co. in Pacific Fertility Clinic Destroyed Embryos Litigation

Arbitration Barred for Parent Co. in Pacific Fertility Clinic Destroyed Embryos Litigation

As reported by Law360 (subscription), U.S. Magistrate Judge Jacqueline Scott Corley of the Northern District has ruled that claims against Pacific Fertility Clinic’s parent company, Prelude Fertility Inc., over eggs and embryos destroyed after a cryogenic tank failure cannot be resolved in arbitration. Those claims will instead get a full hearing in an open and public court of law. [Read more…]

INGN INVESTORS ALERT: Lieff Cabraser Announces Securities Class Action Against Inogen, Inc.

Inogen Securities Blog

Lieff Cabraser announces that class action litigation has been filed on behalf of investors who purchased or otherwise acquired the securities of Inogen, Inc. (“Inogen” or the “Company”) (Nasdaq: INGN) between November 8, 2017 and February 26, 2019, inclusive (the “Class Period”). [Read more…]

Retired Fort Campbell Infantry Soldier Sues 3M Over “Combat Arms” Earplugs Hearing Damage

3M Defective Earplugs Lawsuit

Lieff Cabraser Partner Mark Chalos Talks to NPR about the growing 3M defective ear plug injury lawsuits

On March 25, 2019, National Public Radio (NPR) interviewed Lieff Cabraser Nashville partner Mark P. Chalos about the growing number of lawsuits filed against 3M over the company’s 10+ year provision of allegedly defective combat ear plugs to men and women serving in the US military. Complaints in the lawsuits by military and ex-military personnel, including large numbers of service men and women from Clarksville’s Fort Campbell and numerous other Tennessee areas including Memphis allege the ear plugs, distributed between 2002 and 2015, were too short for proper insertion into users’ ears, putting users at risk for permanent hearing loss, hearing impairment, and debilitating tinnitus.  According to NPR, “service members used the specially-designed earplugs at firing ranges and while driving in noisy military vehicles. One end was supposed to muffle all sound and the other would block only the loudest concussions.” [Read more…]

Judge Gives Preliminary Approval to $5M Proposed Settlement in Nationwide Insurance Robocall Class Action

Robocall

As reported by Law360, a federal judge has preliminarily approved a $5 million settlement in the class action alleging that Nationwide Mutual Insurance violated the Telephone Consumer Protection Act (TCPA) by sending harassing repeat auto-dialer calls, texts, and voice messages to consumers without their consent. [Read more…]

Hotchkiss School Student Sexual Abuse Trial to Move Forward

Hotchkiss Student Sexual Abuse Trial to Move Forward

As reported by the Legal Reader, U.S. District Judge Victor A. Bolden has rejected a request by attorneys representing Hotchkiss to dismiss the sexual abuse lawsuit against the school, ruling that a jury trial take place. Bolden disagreed with the school’s attorneys that Hotchkiss was not responsible for the protection of the student, identified as “John Doe” in the lawsuit. [Read more…]

Kelly Dermody to Discuss Equal Pay Act and #TimesUp Movement at Employment Rights & Responsibilities Committee Conference

Kelly Dermody to Discuss Equal Pay Act and #TimesUp Movement at Employment Rights & Responsibilities Committee Conference

Lieff Cabraser partner Kelly M. Dermody will be discussing the Equal Pay Act and the #TimesUp Movement at the American Bar Association’s Employment Rights & Responsibilities Committee Midwinter Conference, on Friday, March 22, 2019 at The Four Seasons in Las Vegas. [Read more…]

FDA Warning Letters to Manufacturers Heighten Safety Concerns About Breast Implant Health Threats

Breast Implants

As reported by various sources including the UK’s Daily Mail, regulators for the U.S. Food and Drug Administration recently sent warning letters to two of the top breast implant manufactures for “failing to complete the safety studies” required for medical devices to remain on the market. The letters were issued just days before a new hearing that will be held on breast implant safety. The breast implants “have stayed on the market for years without adequate safety data, despite ranking in the highest risk bracket for medical devices.” [Read more…]

California Jury Finds That Monsanto’s Roundup Weedkiller Likely Caused Man’s Cancer

Monsanto roundup weedkiller

As reported by Law360, a jury in federal court in California determined that Monsanto’s widely-used weedkiller product Roundup was a substantial factor in causing cancer in a Santa Rosa man, “delivering a major blow to the Bayer AG [Monsanto] unit in the first such federal bellwether trial and setting the stage for a second phase to determine damages.” The found that use of Roundup contributed substantially to his cancer, rejecting the argument put forth by Monsanto that there was just no way to know what caused the lymphoma at issue in the trial. [Read more…]

Lexi Hazam to Discuss Climate Change Litigation at ABA Toxic Torts and Environmental Law Conference

LJH Speaks at ABA Toxic Torts Conference

Lieff Cabraser partner Lexi J. Hazam will be a featured panelist at the American Bar Association’s 28th Annual Spring CLE Meeting: Toxic Torts & Environmental Law Committee Conference, in Coronado, California, running April 4-6, 2019. Lexi’s panel will discuss the recurrence of natural disasters across the U.S., resulting in ongoing damage to property, the environment, and loss of life. Subtopics include recent California wildfires and mudslides, hurricanes in the Southeast, and flooding taking place from coast to coast. Experienced plaintiff, defense, and government attorneys will discuss these disasters, their possible link to climate change, and how litigation on this topic has evolved. [Read more…]

Lieff Cabraser Files Personal Injury Lawsuit Against 3M Company and Aearo Technologies for Debilitating Hearing Loss and Tinnitus from Use of Defective and Unreasonably Dangerous Combat Arms™ Earplugs

U.S. Army Infantry Soldier George Dooley (ret'd)

Lawsuit alleges 3M and Aearo knew Combat Arms Earplugs were defective prior to selling them, but falsified test results and misrepresented their performance to qualify for a multi-million dollar contract with the United States military

Nashville, TN—(BUSINESSWIRE)—On March 18, 2019, Mark Chalos of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP announced that U.S. Army veteran George Dooley has filed a lawsuit in federal court in the Middle District of Tennessee against 3M Company and Aearo Technologies for hearing loss and tinnitus caused by his use as an infantry officer, including in Iraq, of defective and unreasonably dangerous Dual-Ended Combat Arms™ Earplugs (Version 2 CAEv2). The Complaint alleges that 3M and Aearo knew the Combat Arms Earplugs were defective prior to selling them, but falsified test results and misrepresented the earplugs’ performance to qualify for a multi-million dollar contract with the United States military, leading to the hearing injuries sustained by George Dooley in training and on active military duty. [Read more…]

Lieff Cabraser Announces Settlement in Samsung Top-Loading Washing Machine Explosions Litigation

CPSC Recalls 2.8 Million Samsung Top-Loading Washing Machines Over Explosion Risks

Samsung making more than $100 million available to owners of certain 2011-2016 Samsung top-loading washers with a range of benefits including rebates, refunds, and repairs

March 18, 2019, New York—(BUSINESSWIRE)—The law firm of Lieff Cabraser Heimann & Bernstein, LLP, announces that a settlement (washermdlsettlement.com) has been reached with defendant Samsung Electronics and retailer defendants including Best Buy, Home Depot, and Lowe’s over certain 2011-2016 models of Samsung top-loading washing machines whose tops consumers alleged could detach during operation and whose drain pumps could break or detach during operation. Consumers contended that the washing machines, whose operations caused some of the devices to explode in owners’ homes, are defective; Samsung and the defendants deny all of the allegations of the lawsuit, including those relating to defects in the washers. [Read more…]

Humane Society Announces Conclusion of Reconciliation Process Aimed at Improving its Workplace Culture

Humane Society Announces Conclusion of Critical Reconciliation Process

Lieff Cabraser attorney Kelly M. Dermody Commends the Society’s Efforts, Applauds the ‘Courageous Women Who Came Forward’ to Initiate the Transformation – “A tremendous day for HSUS and for the future of the animal welfare movement.”

On October 1, 2018, the Humane Society of the United States announced a Reconciliation Process to improve the organization for the benefit of all HSUS employees and volunteers. On March 12, 2019, the Co-Chairs of the HSUS Board of Directors issued a message to the organization regarding the conclusion of that Reconciliation Process. [Read more…]

Hotchkiss School Student Sexual Abuse Lawsuit Ordered to Trial

College prep school

Rejecting the school’s request for dismissal, U.S. District Judge Victor A. Bolden has cleared the student sexual abuse lawsuit against Hotchkiss School for trial. The suit is brought by a former student who attended the prestigious college preparatory school in the mid-1980s, and was sexually abused at age 14 on multiple occasions by a dorm proctor and spurious athletic trainer. The suit further alleges that Hotchkiss School tried to cover up the boy’s reports of the incidents in order to protect its own reputation. [Read more…]

AAJ Commends House Subcommittee for Highlighting Danger of Carcinogenic Talc in Cosmetics

Talcum Powder

The American Association for Justice commends the U.S. House of Representatives subcommittee on Economic and Consumer Policy for its exemplary work on behalf of the public in “shining light on the danger of carcinogenic cosmetics.” A panel of victims, family members, and experts attended a hearing on Capitol Hill in Washington, DC on March 12, 2019 in response to a House request for testimony on the risks of using products containing talc, such as baby powder and makeup. “Subcommittee members and witnesses discussed the science linking talc to cancer, and the need for corporations like Johnson & Johnson to finally take steps to protect and educate American consumers who use their products that contain carcinogens,” notes the AAJ in a released statement. [Read more…]