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  April 3, 2020

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ERISA Issues for Lawyers
Class Action

 
Class Claims Filed Over NDMA in Diabetes Medication
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On March 30, 2020, class claims were filed in New Jersey federal court against Heritage Pharmaceuticals, Inc. (d/b/a Avet Pharmaceuticals Inc.), alleging that the defendant has been manufacturing, distributing and selling the generic medication metformin that contains dangerously high levels of the carcinogen N-nitrosodimethylamine ("NDMA") which can cause serious damage to the liver.
Elizabeth DiNardo, Esq., Counsel Financial 04/03/2020   Facebook iconTwitter iconLinkedIn Icon
Read Article: Counsel Financial    


Laws/Cases

 
Coronavirus Lawsuits Might Be Vast and Varied, Say Legal Experts
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As the coronavirus death toll in the U.S. is mounting by more than 1,000 every 48 hours, legal experts are considering the type of litigation that will follow. Some lawsuits have already been filed, including those against colleges, cruise lines and even China. According to Harold Kim, president of the U.S. Chamber Institute for Legal Reform, "The level of litigation could really go into so many different directions." Potential plaintiffs could include front-line doctors and nurses, patients and victims, employees and customers.
Richard Wolf, USA Today 04/03/2020   Facebook iconTwitter iconLinkedIn Icon
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Rikers Corrections Officer Files Suit over Sanitation, Lack of Supplies
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The city of New York is facing a lawsuit filed by a corrections officer at Rikers Island over a lack of supplies during the coronavirus pandemic. The complaint, filed in Queens Supreme Court on Thursday, alleges the Department of Correction has not properly sanitized facilities to ensure the safety of nearly 9,000 officers working in the jails. Additionally, the lawsuit cites a lack of necessary supplies. As a result, the "place of employment is unreasonably dangerous," alleges the lawsuit.
Chelsia Rose Marcius, New York Daily News 04/02/2020   Facebook iconTwitter iconLinkedIn Icon
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'Harley-Davidson Wobble' Caused Rider's Injuries, Says Lawsuit
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Harley-Davidson is facing a lawsuit filed by a North Carolina man who alleges he was injured due to a defect in his motorcycle. The plaintiff blames "Harley-Davidson wobble" for a crash that left him severely injured in April 2018. The 1999 Electra Glide Classic he was riding "is known to have a propensity to develop a 'wobble' or a 'weave' at normal speeds and under conditions one would normally expect to find in highway driving," says the plaintiff. The lawsuit was filed in U.S. Middle District Court in Harrisburg.
Matt Miller, PennLive.com 04/02/2020   Facebook iconTwitter iconLinkedIn Icon
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Maritime Laws and Paperwork May Block Plaintiffs in Cruise Lawsuits
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Legal experts and attorneys say that cruise passengers may have a difficult time filing suit against cruise lines over coronavirus issues due to centuries-old laws. Restrictive terms of service in passenger paperwork and maritime laws that predate the sinking of the Titanic will make it an uphill battle for plaintiffs, they say. As a result, nearly all legal cases against cruise lines will be limited to losses related to physical injuries, not emotional or psychological damage.
Cara Kelly, USA Today 04/02/2020   Facebook iconTwitter iconLinkedIn Icon
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GNT Foods to Settle Racial Harassment Lawsuit for $60,000
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GNT Foods will pay $60,000 to settle a racial harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). According to the lawsuit, three African-American men who worked in the meat department at a GNT Foods in East Point, Georgia, endured the store owner's daily use of racial slurs. Further, the owner "prominently displayed racially offensive posters of monkeys in the workplace to humiliate the black employees." The lawsuit alleged that this conduct violated Title VII of the Civil Rights Act of 1964.
Staff Report, Legal Newsline 03/30/2020   Facebook iconTwitter iconLinkedIn Icon
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Products

 
Southern Motion Recalls Reclining Chairs for Fire Hazard
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Southern Motion has issued a recall on its "Wireless Power" Reclining Furniture due to a fire hazard. According to the recall, "The lithium-ion batteries used to power the "Wireless Power" reclining furniture can overheat, posing a fire hazard." The chairs were sold at Rooms To Go, Art Van, Nebraska Furniture Mart, and other furniture stores nationwide from January 2019 through September 2019. There have been 6 incidents of the batteries overheating and causing fires to the chairs and floor coverings, but no injuries have been reported.
Staff Report, Consumer Product Safety Commission 04/02/2020   Facebook iconTwitter iconLinkedIn Icon
Read Article: Consumer Product Safety Commission    



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