SR On February 27, 2023, the Honorable Rodney Smith of the United States District Court for the Southern District of Florida granted final approval of a $33 million settlement to resolve anti-trust claims brought against Norwegian salmon farming companies Mowi ASA, Grieg Seafood ASA, Ocean Quality AS, Salmar ASA, Cermaq, and Lerøy Seafood USA Inc. The settlement received Preliminary Approval on October 6, 2022.
On February 9, 2023, the Honorable Jennifer L. Thurston of the United States District Court for the Eastern District of California determined that class action claims alleging breaches of fiduciary duties under the Employee Retirement Income Security Act survived the motion to dismiss filed by Sutter Health and the Retirement Benefits Investment Committee of Sutter Health.
On January 4, 2023, a Class of California-based flight attendants for Virgin America, Inc. and Alaska Airlines obtained a settlement of nearly $31 million in resolution of the airlines’ alleged violations of the California Labor Code, California Unfair Competition Law, and California Private Attorneys General Act.
On January 31, 2023, the Honorable Edmund A. Sargus, Jr. of the United States District Court for the Southern District of Ohio granted final approval of a $2.75 million settlement in a class action lawsuit against L Brands, Inc. alleging mismanagement of the L Brands, Inc. 401(k) Savings and Retirement Plan.
On January 5, 2023, the Federal Trade Commission unveiled a Notice of Proposed Rulemaking that would ban virtually all employment-related non-compete agreements on the ground that such agreements are an “unfair method of competition,” thereby violating Section 5 of the FTC Act.
On December 7, 2022, United States District Judge Janet C. Hall of the District of Connecticut partially denied the Motion to Strike Plaintiffs’ Jury Demand filed by New England energy provider Eversource Energy Company, finding that Defendants cannot preclude a jury trial against 11,000 former and current participants in the Eversource 401(k) Plan.
Plaintiffs, represented by Miller Shah LLP, alleged that Defendants breached their fiduciary duties under the Employee Retirement Income Security Act of 1974 (“ERISA”) by (1) selecting and retaining the risky Fidelity Freedom Funds Active Suite, instead of retaining a more prudent alternative, and (2) allowing participants to be charged excessive recordkeeping and administrative fees.
The Settlement Agreement defines the Settlement Class as “all Facebook users in the United States during the Class Period,” which is May 24, 2007 to December 22, 2022, inclusive. Counsel estimates this number to be between 250 million to 280 million people.
On November 4, 2022, a three-judge panel of the United States Court of Appeals for the Ninth Circuit held that for the purposes of the Fair Labor Stands Act, Los Angeles County qualifies as a joint employer of In-Home Supportive Services providers.
Plaintiffs allege that the company violated and will further violate the federal Worker Adjustment and Retraining Notification Act, as well as the California WARN Act, both of which offer protection to workers, their families, and communities by requiring employers to provide notice 60 days in advance of covered plant closings and mass layoffs.
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