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Zachry ERISA Litigation: Motion to Dismiss Denied

On April 22, 2021, a District Judge in the United States District Court for the Western District of Texas ruled that the motion to dismiss the class action lawsuit against Zachry Holdings, Inc. (“Zachry”), Chief Executive Officer of Zachry, the Compensation and Benefits Committee of Zachry (“Committee”), and Does 1-20 (collectively, “Defendants”) was denied, allowing Plaintiffs' claims to proceed. Zachry offers the ZHI 401(k) Retirement Savings Plan (“the Plan”), a…

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Coca-Cola Bottling Company Can’t Shake Lawsuit Over Mismanaged Retirement Plans

On March 31, 2021, a district judge for the United States District Court for the Western District of North Carolina determined that a class action lawsuit against Coca-Cola Consolidated, Inc., and its Corporate Benefits Committee (collectively, “Coke Bottling,” the “Company,” or “Defendants”), was fit to proceed, denying the Company’s attempt to dismiss the legal action. The lawsuit stems from allegations that the Company mismanaged its defined contribution retirement plan (the…

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Honda Can’t Dismiss ‘Sudden Deceleration’ Lawsuit

On March 25, 2021, the United States District Court for the Central District of California determined that a class action lawsuit against American Honda Motors, Inc. (“Honda” or the "Company") was fit to proceed, denying Honda’s attempt to dismiss the legal action. Plaintiffs, represented by Miller Shah LLP, allege that certain of Honda’s model Acura MDX from years 2016 to 2020 and model Acura RDX from years 2019 to 2020…

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American Honda: Court Grants Class Certification in ‘HFL Defect’ Lawsuit

On March 23, 2021, a District Judge in the United States District Court for the Northern District of California granted Plaintiffs’ Motion for Class Certification in an action against American Honda Motors, Inc. (“Honda”), denying Honda’s Motion to Strike Expert Testimony in the process. In 2016, Plaintiffs filed a lawsuit alleging that Honda failed to disclose a defect in the “hands free” calling system, HandsFreeLink™ (“HFL”), featured in the 2004…

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Miller Shah LLP Announces Creation of New Firm

Natalie Finkelman Bennett, Jayne A. Goldstein, James E. Miller, Bruce D. Parke, Laurie Rubinow, James C. Shah, and Nathan C. Zipperian are pleased to announce the creation of Miller Shah LLP (www.millershah.com). The new firm will represent its clients and practice law from offices in Connecticut, California, Florida, New Jersey, New York, Pennsylvania, and Milan, Italy, with its headquarters based in Philadelphia, PA. In addition to James E. Miller (jemiller@millershah.com)…

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Novartis Pays Over $642 Million to Settle FCA Allegations

On July 1, 2020, the Department of Justice (“DOJ”) announced that Novartis Pharmaceutical Corporation (“Novartis”), a New Jersey-based pharmaceutical company, agreed to pay over $642 million in separate to resolve alleged violation of the False Claims Act (“FCA”), 31 U.S.C. §§ 3729–3733. The settlement resolves allegations that Novartis made improperly payments to Medicare patients and prescribing physicians to promote Novartis's drugs, Gilenya and Afinitor. The FCA allows private citizens (known…

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Teva Agrees to $54 Million Settlement to Resolve FCA Whistleblower Suit

On January 6, 2020, Teva Pharmaceuticals agreed to a $54 million settlement to resolve a False Claims Act action brought against Teva Pharmaceuticals USA, Inc., Teva Neuroscience, Inc., and Teva Sales and Marketing, Inc. (collectively “Teva”). The settlement resolves allegations that Teva violated the False Claims Act and the Anti-Kickback Statute by using speaker events to bribe doctors to prescribe two of its drugs, Copaxone and Azilect. The False Claims…

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