Articles Posted in Class Action

Two people are still missing after a Philadelphia tourist boat was struck by a barge, spilling its passengers into the Delaware River. According to local reports, there were 37 passengers on the boat. All except for 2 – a 16 year-old girl and 20 year-old man, both Hungarian tourists – have been rescued as of the time of this blog.
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A recent decision in the district of Colorado furthers the debate on whether the time that police officers have to spend putting on their uniforms and safety equipment is compensable work time. In the case of Rogers v. City and County of Denver, the district court judge denied the defendant’s motion for summary judgment and specifically held that time spent by patrol officers “donning and doffing” the equipment and uniform that are explicitly prescribed in the operations manual for the officers is compensable work time. The fact that the officers were not mandated to dress at the office and were permitted to get prepared at home was ultimately not viewed to be a determinative factor.
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Per the FDA’s order on April 30, 2010, Baxter Healthcare Corp.must recall and destroy all of its Colleague Infusion Pumps due to their longstanding failure to correct serious safety problems.

These pumps are medical devices designed to deliver fluids, nutrients and medication to patients in a controlled manner. More than 500 deaths and 56,000 adverse events associated with these infusion pumps have been reported to the FDA in the last five years.

The FDA has also ordered Baxter to provide “refunds” to customers or replace the pumps at no cost in order to help defray the expense of replacement.

Obama’s new Health Care Reform bill prevents health insurance companies from dropping, or rescinding, patients once they develop serious illnesses. This policy has been widely practiced by major insurers, such as Humana, Wellpoint, and UnitedHealth. The reform bill does not take effect until September 23, 2010, and many insurance companies are still trying to drop coverage of sick insureds between now and then.

Please see my blog for more information.

With the advent of the triple play, a marketing term for offering cable, internet and phone for one price, the country’s cable providers have been in a mad rush to attract consumers to bundle their services for these basic utilities. RCN, Verizon and Comcast are just some of the providers bundling these services.
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Numerous Blackberry© users are finding that their 8100-9000 series devices are intermittently or permanently losing audio, without warning or any apparent reason. Call tones, alarms,music and video sound have disappeared at random for many owners of the Blackberry© Pearl, Curve, and other “smartphones.”
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In the past year, AT&T and Sprint agreed to pay $18 million and $17.5 million to settle claims that they imposed unfairly high fees on wireless customers who wanted to end their contracts. The settlement provided former AT&T customers with as much as $140 back, if they canceled thier cell phone contract just before it was about to expire. Part of the reasoning behind the settlement was that these early termination fees bore no relation to the carrier’s actual costs. On January 26, 2010, the Federal Communications Commission sent letters to AT&T, Sprint, Verizon Communications, Inc., T-Mobile USA Inc. and Google, Inc., asking whether they give customers adequate notice about early termination fees.
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Hundreds of cell phone customers are finding unfamiliar charges on their phone bills for products or services that they have not requested or authorized. These charges often come from other billing clearinghouses, like HBS and BSG Services, and are automatically added to customer’s phone bills, through their service provider. AT&T appears to be a common provider associated with these complaints.
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A California-based temp agency faces charges that they have been scamming employees out of wages for years.

On December 10, 2009, a group of Illinois day laborers filed a class action lawsuit against the temporary employment agency SelectRemedy, for allegedly shorting their wages, withholding overtime, and even paying some workers less than minimum wage.

Temporary employment is quickly becoming one of the fastest-growing sectors in the job market, and staffing agencies are increasingly competitive. Companies feel strong pressure to cut expenses, which often means bidding contracts low and cheating employees out of their rightful wages, in order to turn a profit.
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Last week, three employees of PPG Industries, the owner of the paints and stains in Lowe’s home improvement stores, sued the company for denying them overtime compensation.

The lawsuit was filed Wednesday, December 30, 2009, in federal court in Pittsburgh. According to The Washington Post, all three plaintiffs allege that PPG owes them an unspecified amount of money in overtime pay and damages for violations of The Fair Labor Standards Act (FLSA). The FLSA mandates that covered nonexempt workers are entitled to overtime pay at a rate not less than one and one-half times the regular rate of pay after 40 hours of work per week.
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