Legal Insights & Case Updates | Miller Shah LLP Blog

September 29, 2022

International Business & Trade

Bank of America Sued for PPP Loan Fraud

On August 22, 2022, Modern Perfection LLC and Fruitful Bear, LLC (collectively, “Plaintiffs”) filed a complaint on behalf of themselves and similarly situated Class members against Bank of America, N.A. (“Bank of America'' or “Defendant”) in the United States District Court for the District of Maryland. Bank of America was the second largest private lender of loans from the Paycheck Protection Program (“PPP”), a $669 billion business loan program intended…

September 28, 2022

Class Action

Alarm Bells Ring: Consumer Action to Proceed Against Home Security System

On August 3, 2022, the Honorable John C. Coughenour of the United States District Court for the Western District of Washington denied the motion to dismiss a consumer class action lawsuit against Ring LLC (“Ring” or “Defendant”), the home security system subsidiary of Amazon. Plaintiff, Michelle Wise (“Plaintiff”), individually and on behalf of a putative class of all others similarly situated, alleges that Ring violated Sections 15(a) and 15(b) of…

September 23, 2022

Class Action, ERISA

Cintas Corporation files Petition for Writ of Certiorari after Sixth Circuit Appeal is Denied

On September 8, 2022, Cintas Corporation (“Cintas” or “Defendants”) filed a petition for a Writ of Certiorari (“Petition”) after the United States Court of Appeals for the Sixth Circuit affirmed the Southern District of Ohio’s denial of a motion to compel arbitration. The Sixth Circuit upheld the District Court’s determination that the defined contribution Cintas Partners’ Plan (the “Plan”) had not consented to arbitration and, therefore, did not fall within…

September 14, 2022

Whistleblowers, False Claims Act

Federal Physician Kickbacks Claims Survive Abbott Labs Motion to Dismiss

On August 18, 2022, a District Judge in the United States District Court for the Southern District of California granted in part and denied in part the motion to dismiss the False Claims Act lawsuit against Abbott Laboratories, Inc. a/k/a Abbott Laboratories, Abbott Cardiovascular Systems Inc., and Abbott Vascular Inc., (collectively, “Abbott” or the “Company”), sustaining the federal claims but dismissing the state claims in the action. The False Claims Act,…

September 13, 2022

Employment, Class Action, Employee Benefits

Spirit Airlines Faces FMLA and Unlawful Termination Lawsuit

On September 2, 2022, Plaintiff, Grace Flannery (“Plaintiff") filed a complaint on behalf of herself and similarly situated class members against her former employer, Spirit Airlines Inc. (“Defendant” or “Spirit”), in the United States District Court for the Southern District of Florida. Spirit is a major commercial airline headquartered in Miramar, Florida that serves more than 90 destinations across the U.S., Latin America, and the Caribbean. Plaintiff, represented by Nathan…

September 12, 2022

Whistleblowers, False Claims Act

Northern Arizona Healthcare, Flagstaff Medical Center, and Health First Foundation – Northern Arizona Settle FCA Action for $4.5 Million

On August 29, 2022, Nathan C. Zipperian of Miller Shah LLP (www.millershah.com), counsel for Plaintiff-Relator, Gregory Kuzma (“Relator”) announced Northern Arizona Healthcare (“NAHC”), Flagstaff Medical Center (“FMC”), and Health First Foundation - Northern Arizona (formerly Northern Arizona Healthcare Foundation) (“NAHF”) (collectively, “Defendants”) agreed to pay a total of $4.5 million to settle a lawsuit alleging that a 2017 Medicaid Disproportionate Share Hospital (“DSH”) payment of approximately $4.775 million to FMC…

September 12, 2022

Employment, Misclassification

Pennsylvania Misclassification Task Force Holds Eighth Meeting

Pennsylvania’s Joint Task Force on Misclassification of Employees (“Task Force”) held its eighth meeting of the year on August 26, 2022, the fifth in-person meeting since its assembly in January 2021. The Task Force is a bipartisan group of nominated volunteers representing business, labor, and government seeking to publicize a comprehensive understanding of worker misclassification and its consequences. Deputy Secretary for Safety and Labor-Management Relations and Chairman of the Task…

September 12, 2022

Class Action, ERISA

L Brands Settles ERISA 401(k) Class Action for $2.75 Million

On August 11th, 2022, Plaintiffs filed a Motion for Preliminary Approval of the settlement agreement reached in a class action lawsuit against L Brands, Inc., L Brands Service Company, LLC, and its Retirement Plan Committee (collectively, “L Brands,” the “Company,” or “Defendants”). The lawsuit was brought on behalf of participants and beneficiaries of L Brands Inc. 401(k) Savings and Retirement Plan (the “Plan”). L Brands, otherwise known as Bath &…

September 06, 2022

Class Action, ERISA

Universal Decision Paves Way for Future ERISA Class Actions

On June 30, 2022, the Honorable Edward G. Smith of the United States District Court for the Eastern District of Pennsylvania certified a class of over 63,000 former employees and retirees of B. Braun Medical Inc. (the “Company”) in a class action lawsuit brought under the Employee Retirement Income Security Act of 1974 (“ERISA”). The decision follows the Third Circuit’s recent ruling in Boley v. Universal Health Systems. ERISA is…

August 29, 2022

Class Action, ERISA

Employees Sue Microsoft for Investing in Inferior 401(k) Funds

On August 2, 2022, Justin Beldock, Gordon Broward, and Shaadi Nezami (collectively, “Plaintiffs”) filed a complaint on behalf of themselves and similarly situated class members against their former employer, Microsoft Corporation (“Microsoft”), in the United States District Court for the Western District of Washington. Microsoft is the plan sponsor for the Microsoft Corporation Savings Plus 401(k) Plan (“the Plan”). As of December 31, 2020, the Plan had over 135,000 participants…

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