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Eversource Judge Denies Motion for Summary Judgment
On July 29, 2022, the Honorable Janet C. Hall, a district judge in the United States District Court for the District of Connecticut, denied Defendants’ multipronged motion for summary judgment in its entirety. This denial comes shortly after the Court granted Plaintiffs’ motion for class certification in May. In moving for summary judgment, Defendants sought to establish that they were entitled to judgment as a matter of law because the…
American Airlines Carrier Settles Biometric Privacy Suit
On July 6th, 2022, American Airlines carrier Envoy Air (“Envoy” or the “Company” or “Defendant”) reached a binding settlement agreement with former employee and lead Plaintiff Maysoun Abudayyeh on behalf of herself and similarly situated class members (collectively, “Plaintiffs”). While the details of the settlement agreement are not yet available, according to the reports of Magistrate Judge Heather K. McShain of the United States District Court for the Northern District…
Amazon Flex Drivers Denied Class Action Status Again
On July 8, 2022, the United States District Court for the Western District of Washington denied a motion for class certification (“Motion”) filed by Amazon Flex Drivers (the “Drivers” or “Plaintiffs”) in a misclassification suit against Amazon.com, Inc. and Amazon Logistics, Inc. (collectively, “Amazon” or “Defendants”). In the Motion, filed on June 30, 2022, the Drivers argued that they meet all the requirements for class certification: numerosity, commonality, typicality, adequacy,…
Court Certifies 9,000-Member Class in ERISA Lawsuit Against IQVIA
On May 12, 2022, a District Judge in the United States District Court for the Middle District of North Carolina certified a class of over 9,000 members in a lawsuit against IQVIA Inc., the Board of Directors of IQVIA Holdings, Inc., and the Benefits Investment Committee (collectively, “IQVIA,” the “Company,” or “Defendants”). The Court defined the Class as all participants and beneficiaries in the IQVIA, Inc. 401(k) Plan (the “Plan”)…
SCOTUS To Review DOJ Authority In FCA Whistleblower Lawsuit
On June 21, 2022, the Supreme Court of the United States granted certiorari in Polansky v. Executive Health Resources, a False Claims Act (“FCA”) lawsuit appealed to the Third Circuit after the District Court dismissed at the request of the government. The Supreme Court’s decision is anticipated to resolve a split among the circuit courts of appeal regarding the legal standard applicable when the Department of Justice (“DOJ”) moves to…
Tesla Sued in Another Employment Discrimination Lawsuit
On June 30, 2022, another employment class action lawsuit was filed against Tesla, Inc., (“Tesla” or the “Company”) alleging that African American and Hispanic employees suffer discrimination at the Company’s Fremont factory. More specifically, the lawsuit claims that Tesla supervisors, managers, and Human Resources personnel engaged in daily harassment of African American and Hispanic employees, creating a toxic work environment. Plaintiffs are seeking civil penalties, monetary damages, and a legal…
Court Grants Class Certification in Eversource ERISA Lawsuit
On May 25, 2022, a District Judge for the District of Connecticut certified a class of over 11,000 current and former participants of the Eversource 401(k) Plan (“Plan”) in an ERISA lawsuit against Eversource Energy Services Company (“Eversource”), the Board of Directors of Eversource Energy Service Company, the Eversource Plan Administration Committee, and the Eversource Investment Management Committee (collectively, “Defendants”), alleging mismanagement of the Plan. Eversource is the plan sponsor…
Facebook Sued for Collecting Patient Medical Data Without Consent
On June 17, 2022, a class action lawsuit was filed against Meta Platforms, Inc., (“Meta”), formerly known as Facebook, Inc. (“Facebook” or the “Company”), alleging that Facebook has been collecting sensitive medical information from hospital websites without obtaining patients’ consent. The complaint was filed the day after a technology watchdog organization, The Markup, posted an article outlining how Facebook had been unlawfully collecting patient information. Neither Facebook nor any of…
Massachusetts Supreme Judicial Court Blocks App Driver Ballot Initiatives
In a unanimous opinion issued on June 14, 2022, the Massachusetts Supreme Judicial Court found it was an error for the Massachusetts Attorney General to certify two proposed ballot initiatives to redefine the employment classification of rideshare app drivers. The Court determined the initiatives contained at least two substantially distinct policy decisions, and that the lumping together of multiple policy questions does not allow voters to answer a single initiative…
Staten Island Amazon Workers Back Union
On April 1, 2022, after multiple years of pandemic-induced layoffs, staffing shortages, contentious vaccine policies, and other workplace issues, Amazon.com, Inc. ("Amazon" or the “Company”) workers at the JFK8 warehouse facility in Staten Island voted in favor of union representation under the Amazon Labor Union (“ALU”), the first certified union to represent Amazon workers. The historic vote presents a massive breakthrough in worker safety. The ALU was created by former…
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