Legal Insights & Case Updates | Miller Shah LLP Blog

January 03, 2023

ERISA, Employment

Miller Shah LLP Secures Preliminary Approval of $12.5 Million Settlement in Universal ERISA Class Action

On October 31, 2022, United States District Judge Mark Kearney of the Eastern District of Pennsylvania approved a $12.5 million settlement of class action claims alleging that Universal Health Services, Inc. (“Universal” or the “Company”) mismanaged its defined contribution retirement plan (the “Plan”). Plaintiffs, former Universal employees Mary Boley, Kandie Sutter, and Phyllis Johnson (collectively, “Plaintiffs”) specifically alleged that the Company mismanaged the Plan by incorporating excessive fees and risky,…

December 28, 2022

Employment, Misclassification

Seventh Circuit Reverses Motion to Dismiss Truck Driver’s Misclassification Claims

On August 3, 2022, the United States Court of Appeals for the Seventh Circuit reversed a Wisconsin federal court’s dismissal of a truck driver’s misclassification claims against hauling company Schneider National Inc. (“Schneider” or “the Company”). The Seventh Circuit found that driver Eric Brant (“Plaintiff”) plausibly alleged a viable claim under the Fair Labor Standards Act (“FLSA”), a federal law that protects workers from unfair employment practices by establishing requirements…

December 16, 2022

Employment

Illinois Voters Pass Workers’ Rights Amendment

On December 5, 2022, the Illinois State Board of Elections certified the November election results in favor of adding the proposed Amendment 1 to the Illinois State Constitution. It is now a constitutionally protected right for workers in Illinois to organize and bargain collectively for the purposes of negotiating wages, hours, or working conditions, and to protect their economic welfare and safety at work, effectively making Illinois the first state…

December 09, 2022

Employment, Misclassification

Ninth Circuit Denies Petition to Review Class Certification Order in Misclassification Suit

On November 10, 2022, the Ninth Circuit denied the request of Jan-Pro Franchising International Inc. (“Jan-Pro”) to review the United States District Court for the Northern District of California’s August 2, 2022 order granting a group of janitors class action certification in a lawsuit alleging Jan-Pro misclassified its janitors as independent contractors. The action began in 2008 when a group of janitors sued Jan-Pro in Massachusetts federal court. After the…

November 26, 2022

Securities

Freshworks Inc. Investors File Class Action Over IPO Documents

On November 1, 2022, Mohan Sundaram (“Plaintiff”) filed a class action complaint against software company Freshworks, Inc. (“Freshworks” or the “Company”) in the United States District Court for the Northern District of California. The proposed class consists of all persons and entities that purchased or otherwise acquired Freshworks common stock issued in connection with the Company’s Initial Public Offering (“IPO”). Freshworks is a software company headquartered in San Mateo, California,…

November 09, 2022

Class Action, ERISA

Beth Israel Settles ERISA Class Action for $2.9 Million

On October 18, 2022, Plaintiffs filed an unopposed motion for preliminarily approval of a $2.9 million settlement agreement (“Settlement”) reached between Plaintiffs and Beth Israel Deaconess Medical Center, Inc. (a teaching hospital of Harvard Medical School) (“Beth Israel”), the Board of Directors of Beth Israel Deaconess Medical Center, and the Pension Committee of Beth Israel Deaconess Medical Center (collectively, “Defendants”). Plaintiffs, represented by Miller Shah LLP, sued Defendants on behalf…

November 08, 2022

Antitrust

AstraZeneca, Handa, and Par Pharmaceuticals to Face Seroquel XR Antitrust Lawsuit

On July 5, 2022, the Honorable Colm F. Connolly of the United States District Court for the District of Delaware denied the motion to dismiss an antitrust lawsuit against AstraZeneca Pharmaceuticals L.P. and AstraZeneca L.P. (“AstraZeneca”); Handa Pharmaceuticals, LLC (“Handa”); and Par Pharmaceutical, Inc. (“Par”) (collectively, “Defendants”). The lawsuit alleges that Defendants engaged in monopolistic behavior to delay the production of a generic form of AstraZeneca’s antidepressant drug Seroquel XR…

November 07, 2022

Securities

Walgreens Settles Class Action Lawsuit for $105 Million

On October 13, 2022, the Honorable Sharon Coleman of the United States District Court for the Northern District of Illinois approved a $105 million settlement ("Settlement") of a securities fraud class action against Walgreens and two former Walgreens executives (collectively, “Defendants”). Plaintiffs originally filed the lawsuit in 2015, alleging that Defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 by making misleading statements regarding Walgreens’ acquisition…

November 06, 2022

Employment, Misclassification

Pennsylvania Department of Labor & Industry’s Joint Task Force on Misclassification of Employees Concludes Tenth Meeting

On October 28th, 2022, the Pennsylvania Department of Labor & Industry’s Joint Task Force on Misclassification of Employees (“Joint Task Force”) held its tenth meeting of the year. The Joint Task Force was created when Pennsylvania Governor Tom Wolf signed Act 85 into law in October 2020, which called for the creation of a Joint Task Force to be composed of seven members (or their designees) and chaired by the…

November 05, 2022

Class Action, ERISA

Court Certifies 30,000-Member Class in ERISA Lawsuit Against Genentech

On September 22, 2022, a District Judge in the United States District Court for the Northern District of California certified a class of over 30,000 people in a lawsuit against Genentech, Inc., and the U.S. Roche DC Fiduciary Committee (collectively, “Genentech,” the “Company,” or “Defendants”). The Court defined the Class as “all participants and beneficiaries in the U.S. Roche 401(k) Savings Plan (the “Plan”) at any time on or after…

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