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

On March 30, 2023, U.S. District Judge Mark Kearney granted final approval of a $12.5 million settlement (“Settlement”) reached in a class action lawsuit against Universal Health Services, Inc., the Universal Health Services Retirement Plans Investment Committee (“Investment Committee”), and Does No. 1-10, who are members of the Investment Committee or other fiduciaries of the Universal Health Services, Inc. Retirement Savings Plan (“Plan”) (collectively, “Defendants” or “Universal”). The Settlement resolves…

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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 (“Settlement”) to resolve antitrust claims against Johnson & Johnson (“J&J” or the “Company”) alleging that the company launched its “Biosimilar Readiness Plan” to block health care providers from purchasing competitor products of its infliximab biosimilar, Remicade.  The Settlement previously received preliminary approval…

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Parties Seek Preliminary Approval of $6.75 Million Settlement in LinkedIn 401(k) Suit

On March 3, 2023, Plaintiffs, Douglas G. Bailey, Jason J. Hayes, and Marianne Robinson (collectively, “Plaintiffs”), filed an unopposed motion for preliminary approval of a $6.75 million settlement (“Settlement”) of their class action litigation against LinkedIn Corporation, the Board of Directors of LinkedIn Corporation, and the LinkedIn Corporation 401(k) Committee (collectively, “LinkedIn” or “Defendants”). The Settlement resolves allegations that LinkedIn mismanaged the LinkedIn Corporation 401(k) Profit Sharing Plan and Trust…

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Judge Grants Final Approval to $33 Million Settlement in Salmon Anti-Trust Suit

On February 27, 2023, the Honorable Rodney Smith of the United States District Court for the Southern District of Florida granted final approval of a $33 million settlement (“Settlement”) to resolve anti-trust claims brought against Norwegian salmon farming companies Mowi ASA, Grieg Seafood ASA, Ocean Quality AS, Salmar ASA, Cermaq, and Lerøy Seafood USA Inc. (collectively, “Defendants”). The settlement received Preliminary Approval on October 6, 2022. This action was originally…

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Sutter Health ERISA Plaintiffs Overcome Motion to Dismiss

On February 9, 2023, the Honorable Jennifer L. Thurston of the United States District Court for the Eastern District of California determined that class action claims alleging breaches of fiduciary duties under the Employee Retirement Income Security Act (“ERISA”) survived the motion to dismiss filed by Sutter Health and the Retirement Benefits Investment Committee of Sutter Health (together, “Defendants”).  ERISA is a federal statute that protects workers by establishing standards,…

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Alaska Airlines to Pay $31 Million To Virgin America Attendants in Wage and Hour Lawsuit

On January 4, 2023, a Class of California-based flight attendants for Virgin America, Inc. (“Virgin America”) and Alaska Airlines (together, the “Airlines”) obtained a settlement of nearly $31 million in resolution of the airlines’ alleged violations of the California Labor Code, California Unfair Competition Law, and California Private Attorneys General Act (“PAGA”). The action was originally brought against Virgin America in 2015 for its alleged unlawful labor practices, including failure…

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Rover Workers Score $18 Million Deal Over Misclassification Claims

On February 8, 2023, A Place for Rover, Inc. (“Rover” or the “Company”) agreed to pay $18 million to resolve allegations that the Company unlawfully misclassified its hourly workers as independent contractors in order to skirt certain minimum wage and benefit laws. Rover is an app-based platform where users can connect with and book dog sitters or walkers. The Rover app includes dog boarding, dog walking, house sitting and doggy…

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Miller Shah LLP Secures $2.75 Million Settlement in L Brands ERISA Suit

On January 31, 2023, the Honorable Edmund A. Sargus, Jr. of the United States District Court for the Southern District of Ohio granted final approval of a $2.75 million settlement (“Settlement”) in a class action lawsuit against L Brands, Inc. (“L Brands”), the former parent company of Victoria’s Secret, as well as L Brand Service Company LLC and the Retirement Plan Committee of the L Brands, Inc. 401(k) Savings and…

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FTC Proposes Ban on Employment-Related Non-Compete Clauses

On January 5, 2023, the Federal Trade Commission (“FTC”) unveiled a Notice of Proposed Rulemaking (“NPRM”) that would ban virtually all employment-related non-compete agreements (“NCAs”) on the ground that such agreements are an “unfair method of competition,” thereby violating Section 5 of the FTC Act. Non-compete agreements are clauses in employment contracts that prohibit employees from working for competing companies for a defined period following the employee’s departure from the contracting…

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New England Energy Provider Cannot Preclude a Jury Trial

On December 7, 2022, United States District Judge Janet C. Hall of the District of Connecticut partially denied the Motion to Strike Plaintiffs’ Jury Demand (“Motion”) filed by New England energy provider Eversource Energy Company (“Eversource”), the Board of Directors of Eversource Energy Company (“Board”), the Eversource Plan Administrative Committee (“Administrative Committee”), the Eversource Investment Management Committee (“Investment Committee,” and, with the Administrative Committee, “Committees”), and named members of the…

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