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Miller Shah LLP Appeals Quest ERISA Dismissal to Third Circuit
On December 4, 2024, Plaintiffs Lawanda Lasha House Johnson, Rebecca A. Rice, and Shalamar Curtis (“Plaintiffs”) filed an appeal with the Third Circuit on behalf of Quest Diagnostic Inc. (“Quest”) employees to revisit their lawsuit alleging mismanagement of the Profit Sharing Plan of Quest Diagnostics (“Plan”). The proposed class, comprising of current and former employees, claims the District Court prematurely ruled in Quest’s favor without properly addressing significant factual disputes…
How the Dodd-Frank Act Aims to Prevent Another Financial Crisis
The Dodd-Frank Wall Street Reform and Consumer Protection Act, enacted in 2010, is one of the most significant regulatory overhauls in the history of the United States since the Great Depression. It was introduced in response to the catastrophic financial crisis of 2008, aiming to bring greater stability and transparency to the financial industry. The law's provisions are designed to reduce risk, increase accountability, and provide robust consumer protections to…
The SEC and Market Integrity: Safeguarding Against Fraud and Manipulation
The integrity of capital markets is paramount to supporting a fair and efficient financial landscape. Fraud and manipulation pose significant threats to the stability and fairness of these markets, potentially undermining investor confidence and economic growth. The U.S. Securities and Exchange Commission (SEC) is a pivotal institution in combating these issues, ensuring markets operate transparently and efficiently. The SEC's Mission The SEC was established in 1934 in response to the…
How Can You Navigate E-Commerce Platforms With Consumer Protection in Mind?
In today's digital economy, e-commerce platforms offer unparalleled convenience for consumers and expansive reach for businesses. However, the rapid growth of online shopping brings significant cybersecurity challenges. Consumers face risks such as data breaches, identity theft, and financial fraud, while businesses must navigate a complex landscape of regulations to maintain customer trust and legal compliance. By understanding and implementing key consumer protection practices, both consumers and businesses can safely navigate…
Supreme Court Grants Cert in ERISA Case
On October 4, 2024, the Supreme Court granted certiorari in a class-action lawsuit filed by employees of Cornell University (“Cornell”), alleging mismanagement of their retirement funds. The case presents an opportunity for the Court to address a Circuit split concerning the elements required to bring a “prohibited transactions” claim under ERISA. The Employee Retirement Income Security Act of 1974 (“ERISA”) is the federal law governing private industry retirement plans, with…
Plaintiffs Secure Class Certification in Actos Antitrust Litigation
On September 30, 2024, U.S. District Judge Ronnie Abrams adopted the Report and Recommendation of U.S. Magistrate Judge Stewart D. Aaron, certifying two classes—Direct-Purchaser Plaintiffs and End-Payor Plaintiffs (collectively, “Plaintiffs”)—in consolidated antitrust actions against Takeda Pharmaceuticals Co. (“Takeda”). Plaintiffs accuse Takeda of unlawfully inflating the price of its diabetes treatment, Actos (pioglitazone), by delaying the entry of generic alternatives. The U.S. Food and Drug Administration (“FDA”) regulates the development and…
Miller Shah LLP Finalized $11.8 Million Settlement with MedStar Health Inc.
On September 5, 2024, Judge James K. Bredar of a Maryland federal court approved an $11.8 million settlement reached in a class action lawsuit against MedStar Health, Inc. (“MedStar”), the Board of Directors of MedStar Health, Inc. (“Board”), and the MedStar Health, Inc. Retirement Savings Plan Committee (“Committee” and collectively, “Defendants”). The settlement resolves allegations that MedStar mismanaged the MedStar Health, Inc. Retirement Savings Plan (“Plan”), to the detriment of…
What is a Qui Tam Lawsuit?
Blowing the whistle on fraud in the workplace can be a challenging decision, especially when considering the potential for retaliation and financial repercussions. However, the significant impact of the individuals who come forward and file qui tam lawsuits cannot be overstated. That is why Miller Shah LLP is committed to helping clients navigate the complex statutory schemes designed to protect whistleblowers and ensure accountability and integrity. What Is a Qui…
Chief Judge Goldberg Denies Appeal in Caremark Whistleblower Suit
On July 30, 2024, Chief U.S. District Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania denied a request to appeal his interpretation of the Centers for Medicare and Medicaid Services' regulations from CVS Caremark Corp. ("Defendant" or "Caremark" or the "Company") in a qui tam lawsuit against the Company for falsely reporting prescription drug prices to the government in violation of the False Claims Act ("FCA"), 31 U.S.C.…
Miller Shah LLP Appeals Genentech ERISA Dismissal to Ninth Circuit
On July 16, 2024, Plaintiff Matthew Wehner filed an appellate brief in the United States Court of Appeals for the Ninth Circuit asking the Court to reverse the 2021 dismissal of his class action lawsuit against former employer Genentech, Inc. (“Genentech”) and the U.S. Roche DC Fiduciary Committee (“Committee,” and, collectively with Genentech, “Defendants”) regarding allegedly imprudent investments in the U.S. Roche 401(k) Savings Plan (the “Plan”). The Plan is…
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