Popeyes Faces Lawsuit Over Overtime Pay and Pandemic-Related Labor Changes

On July 24, 2023, the Honorable Lisa G. Wood of the United States District Court for the Southern District of Georgia denied a summary judgment bid filed by Sailormen, Inc. (“Defendant”), the owner of a chain of Popeyes Louisiana Kitchen (“Popeyes”) restaurants in Florida and Georgia. The lawsuit concerns allegations that Defendant mishandled overtime payments and benefits for store managers during the COVID-19 pandemic, highlighting the complexities of labor laws during unprecedented circumstances.

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Verizon Agrees to $30 Million Settlement in ERISA Class Action

On July 7, 2023, Plaintiff Melina Jacobs (“Plaintiff”) filed an unopposed motion for preliminary approval of class settlement to resolve claims she brought on behalf of herself, the Verizon Savings Plan for Management Employees (the “Plan”), and other participants of the Plan against Verizon Communication, Inc., (“Verizon”), Verizon Investment Management Corp, the Verizon Employee Benefits Committee, and Marc C. Reed, Matha Delehanty, Andrew H. Nebens, Connia Nelson, Shane Sanders, Robert J. Barish, and Donna C. Chiffriller (collectively “Defendants”).  The parties agreed to settle the claims for $30 million.

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Booz Allen Settles False Claims Act Lawsuit for $377 Million

On July 21, 2023, the Department of Justice (“DOJ”) announced that Booz Allen Hamilton Holding Corporation (“Booz Allen” or the “Company”), a Virginia-based provider of data analytics, digital solutions, and consulting services, has agreed to pay $377.45 million to resolve alleged violations of the False Claims Act, 31 U.S.C. §§ 3729–3733 (“FCA”). 

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Yale Agrees to Class Certification in ERISA Class Action Lawsuit

On June 29, 2023, Yale New Haven Hospital (“Yale”) agreed to certify a class of over 26,000 current and former participants of the Yale-New Haven Hospital and Tax Exempt Affiliates Tax Sheltered Annuity Plan (the “Plan”) in a lawsuit against Yale-New Haven Hospital, Inc., the Board Of Trustees of Yale-New Haven Hospital, Inc., the System Investment Committee of Yale New Haven Health Service Corp. and System Affiliates, and the Retirement Committee Of Yale New Haven Health Services Corp. and System Affiliates (collectively, “Defendants”).

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Miller Shah LLP Secures Preliminary Approval of $2.45 Million Settlement in Omnicom ERISA Class Action

On July 5, 2023, the honorable Colleen McMahon of the United States District Court for the Southern District of New York approved a $2.45 million settlement of class action claims alleging that Omnicom Group, Inc. mismanaged its defined contribution retirement plan by subjecting Plan participants to excessive fees and risky, high-cost investment options.

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Third Circuit Upholds Class Certification In Sleepy’s Drivers Wage Suit

On June 12, 2023, The Third Circuit Court of Appeals upheld the 2022 decision of the United States District Court for the District of New Jersey to certify a class of drivers in a wage and hour suit against Sleepy’s LLC, rejecting Sleepy’s argument that drivers’ misclassification claims require individualized inquiry to determine whether each class member was an employee or an independent contractor.

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Ninth Circuit Victory for California Workers Against Uber and Postmates

On March 17, 2023, a panel of the Ninth Circuit Court of Appeals delivered the latest in a series of decisions on California Assembly Bill 5 (“A.B. 5”), ruling that the United States District Court for the Central District of California had erred in dismissing equal protection claims filed by Uber Technologies, Inc. and Postmates, Inc. against the State of California and the California Attorney General.

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Seventh Circuit Ruling Against Northwestern University Clarifies Pleading Standard for ERISA Fiduciary Duty Claims

On March 23, 2023, the U.S. Court of Appeals for the Seventh Circuit, on remand from the Supreme Court, explained how the “plausibility” pleading standard of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), should be applied to breach of fiduciary duty claims under the Employee Retirement Income Security Act. The Court’s ruling reversed and remanded claims the district court had dismissed alleging Northwestern University violated ERISA by imprudently administering Northwestern’s two defined contribution 403(b) retirement plans.

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Miller Shah LLP Finalizes $12.5M Settlement with Universal Health Services

On March 30, 2023, U.S. District Judge Mark Kearney granted final approval of a $12.5 million settlement reached in a class action lawsuit against Universal Health Services, Inc. The Settlement resolves allegations that Defendants mismanaged the Universal Health Services, Inc. Retirement Savings Plan, to the detriment of over 60,000 Plan participants and beneficiaries.

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J&J Anti-Inflammatory Medication Swells Consumer Prices

On March 15, 2023, the Honorable Karen Marston of the United States District Court for the Eastern District of Pennsylvania granted final approval of a $39.8 million settlement to resolve antitrust claims against Johnson & Johnson alleging that the company launched its “Biosimilar Readiness Plan” to block health care providers from purchasing competitor products of its infliximab biosimilar, Remicade.

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