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Transamerica Faces 401(k) ERISA Class Action

On December 28, 2018, a proposed class of approximately 17,000 participants in the 401(k) Plan for Transamerica Corp. (“Transamerica”) sued the financial services company in the United States District Court for the Northern District of Iowa. The participants are accusing Transamerica of violating the Employee Retirement Income Security Act (“ERISA”) by including six obviously underperforming […]

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FedEx Agrees to $2.1 Million Settlement in NY Underpayment Suit

On December 20, 2018, FedEx Corporation (“FedEx”) agreed to a $2.1 million settlement in a 2010 suit brought by the New York attorney general alleging that hundreds of FedEx workers were underpaid as a result of being misclassified as independent contractors. As independent contractors, approximately 500 delivery drivers were denied overtime pay and had illegal […]

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CareFirst Agrees to $3.6 Million Settlement of Breastfeeding Benefits Claims

On December 10, 2018, CareFirst Inc. (“CareFirst”) agreed to a $3.6 million uncapped settlement regarding claims that it violated the Affordable Care Act (“ACA”) in failing to cover comprehensive breastfeeding and lactation counseling and support. Proposed class members will receive complete reimbursement for any cost-sharing CareFirst imposed on them, and CareFirst will also cover the […]

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Hyundai and Kia Face Engine Defect Class Action

A class action suit filed on December 14, 2018, in the United States District Court for the Central District of California alleged that Kia Motors Corp. (“Kia”) and Hyundai Motor Co. (“Hyundai”) knew and failed to warn customers about an engine defect that caused their vehicles to spontaneously combust. According to the complaint, Hyundai and […]

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Cheez-It “Whole Grain” Mislabeling Suit Revived

On December 11, 2018, a three-judge panel consisting of Second Circuit Court of Appeals Judges Pierre N. Leval, Robert D. Sack, and Christopher F. Droney vacated a 2017 decision dismissing a complaint alleging that the “whole grain” label on Cheez-It crackers was misleading. The suit was originally filed in 2016 as a class of all […]

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Hyundai Faces Class Action Suit Over Sonata Brake Defect

On December 5, 2018, plaintiffs Steve Miller, Rebecca McCormick, Darrell R. White, Karen Marshall, and Charlene Liddle (“Plaintiffs”) filed a motion to certify a proposed class in their action against Hyundai Motor America (“Hyundai” or “HMA”), alleging the auto manufacturer sold Sonata models with defective brakes. The proposed class consists of all consumers who bought […]

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Class Certified in Pizza Hut Telephone Consumer Protection Act Suit

On December 3, 2018, Judge Kenneth A. Marra of the United States District Court for the Southern District of Florida certified a class of cell phone users who alleged that Pizza Hut violated the Telephone Consumer Protection Act (“TCPA”) by texting unsolicited advertisements after members’ friends had written down their numbers during the “Friend forwarding” […]

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Porsche Faces Suit Regarding Defect in Engine Cooling System

On November 29, 2018, plaintiffs Santiago Padilla and Murray L. Shames (“Plaintiffs”) sued Porsche Cars North America Inc. (“Porsche”), on behalf of a proposed class of Porsche owners, alleging the automobile manufacturer knowingly used defective adhesive in its engine cooling systems, resulting in pipes falling off and engines overheating and shutting down. According to the […]

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Le Lechonera Sued Over False “All Natural” Advertising

On November 26, 2018, Plaintiff Thomas Williams (“Williams”) filed a putative class action against Le Lechonera Products Inc. (“Le Lechonera”) in the Eleventh Judicial Circuit Court of Florida, alleging that Le Lechonera’s claims that its Natural Mojo Marinade is all natural and has no preservatives are false, as the product actually contains canola oil and […]