MLB Will Pay Minor League Baseball Players $185 Million to Settle a Wage and Hour Class Action Lawsuit

On August 26, 2022, Chief Magistrate Judge Joseph C. Spero of the United States District Court for the Northern District of California preliminarily approved a $185 million settlement between classes of minor league baseball players and Major League Baseball and its 30 member Clubs in a wage and hour class action lawsuit that proceeded for more than eight years.

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Bank of America Sued for PPP Loan Fraud

On August 22, 2022, Modern Perfection LLC and Fruitful Bear, LLC filed a complaint on behalf of themselves and similarly situated Class members against Bank of America, N.A. in the United States District Court for the District of Maryland.

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

On September 8, 2022, Cintas Corporation filed a petition for a Writ of Certiorari 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 had not consented to arbitration and, therefore, did not fall within the parameters of the arbitration agreement that Plaintiffs had signed.

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Zachry Settles ERISA 401(k) Class Action for $1.875 Million

On August 5th, 2022, the Hon. Judge Elizabeth S. Chestney, United States Magistrate Judge for the Western District of Texas, granted final approval of the settlement agreement reached in a class action lawsuit against Zachry Holdings, Inc., the Compensation and Benefits Committee of Zachry, and Does 1-20. The lawsuit was brought on behalf of participants and beneficiaries of ZHI 401(k) Retirement Savings Plan.

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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.

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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.

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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 violated the federal False Claims Act, 31 U.S.C. §§ 3729–3733.

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