In 2007, a lawsuit was filed against energy giant Edison International, alleging that the company violated the Employees Retirement Income Securities Act of 1974 (ERISA) by offering employees higher-priced retail class mutual funds as retirement plan investments when what were basically the same funds could be had under lower-cost institutional shares. The class action against Edison was brought on behalf of about 20,000 employees and retirees.
For decades Hollywood studios have found creative and controversial ways of dividing profits among industry professionals. One specific area where actors, writers and directors have taken issue is in the division of profits from home video revenue.
Legal claims are highly procedural and time-sensitive. To be successful, claims must be correctly processed and contain sufficient evidence to move the claim forward. The federal government and the states also have various statutes of limitations for different kinds of claims, and if you are party to a legal dispute, then your lawyer should be abreast of the relevant procedural requirements and statutes of limitations when advising you on your case.
Legal complaints continue to be filed in connection with defective ignition switches made by General Motors. The defective switches can cause cars to shut down suddenly, and 45 fatalities have been linked to the defects. The company has recalled about 2.6 million affected vehicles. Now, in addition to legal claims brought by families of the deceased, a class action lawsuit has been filed by GM investors.
A number of veteran litigators at Shepherd, Finkelman, Miller & Shah started out as labor attorneys. Since then, SFMS lawyers have represented a wide range of clients, including labor organizations, private employers, public employers, employee plaintiff groups and individual employees.
We recently discussed the nature of class action lawsuits and how they can provide a level playing field for plaintiffs who would otherwise not have the resources to take on a large corporation or other entity. "What is a class action and how is one started?" has more on that subject.
The app-based transportation network Uber continues to face legal troubles, as three lawsuits have been brought in the last month on behalf of Uber passengers. The San Francisco-based company is also facing a class action lawsuit in which a class of drivers says the company failed to pay them as employees. Jillian Boyce, of Shepherd, Finkelman, Miller & Shah, discussed the drivers' lawsuit in a previous post.
Class action lawsuits relate to a specific area of law, and many people are not aware of how class actions work. Here let's go over the basics.
The Employment Retirement Income Security Act of 1974, commonly called ERISA, is a federal law that establishes standards for protecting the retirement funds of millions of Americans who work in private industry. There is no requirement under ERISA that employers must provide a pension plan, but employers who do establish retirement plans -- a 401(k), for example -- must the meet the minimum standards under the law.
In October we discussed a New Jersey bill that, if passed into law, would reduce penalties for some companies that commit technical violations of the state's Consumer Fraud Act. One aspect of the bill, which you can read more about in our previous post, allows companies to avoid having to pay plaintiffs' legal fees and other costs if the violation in question did not result in loss to the consumer.