Case News

Court Grants Final Approval of Lindell v. Synthes USA, et al. Settlement

On January 9, 2017, the United States District Court for the Eastern District of California granted final approval of a $5 million, non-reversionary settlement in Lindell v. Synthes USA, et al., a class action alleging that Defendants failed to compensate certain California-based commission-only sales consultants for expenses and took unlawful deductions from pay for sales consultants, both commission-only and salaried, in California.

The two classes—one for expenses, one for deductions—had previously been certified in 2014, but the class definitions have been amended to include an end date of July 14, 2016. Sales consultants who worked for Synthes in California between December 13, 2007 and July 14, 2016 may be eligible for a distribution under the settlement. For more information, or to provide updated contact information, please contact Darin Ranahan or Catha Worthman. To view the court decision, as well as related settlement documents, please visit our settlements page.

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Wawa ESOP Case News – Order Denying Wawa’s Motion for Reconsideration

On January 11, 2017, the U.S. District Court for the Eastern District of Pennsylvania denied Defendants’ Motion for Reconsideration or, in the Alternative, Interlocutory Appeal, in Pfeifer v. Wawa, Inc., No. 16-497-PD. Plaintiffs Greg Pfeifer and Andy Dorley allege that Wawa Defendants violated the Employee Retirement Income Security Act (ERISA) by liquidating the Wawa stock held in the ESOP accounts of former Wawa employees in September 2015.

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Court Grants Final Approval of Class Action Settlement in Rogers, et al. v. Kindred Healthcare, Inc., et al.

On October 7, 2016, the Alameda County Superior Court granted final approval of a $2.465 million settlement in Rogers, et al. v. Kindred Healthcare, Inc., et al., a class action alleging that Defendants failed to pay Personal Care Attendants the required minimum and straight time wages and overtime premiums, did not provide them with required meal and rest breaks when they worked in licensed healthcare facilities, and failed to issue legally compliant paystubs.

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Court Grants Preliminary Approval of Lindell v. Synthes USA, et al. Settlement

On September 21, 2016, the United States District Court for the Eastern District of California granted preliminary approval of a $5 million, non-reversionary settlement in Lindell v. Synthes USA, et al., a class action alleging that Defendants failed to compensate certain California-based commission-only sales consultants for expenses and took unlawful deductions from pay for sales consultants, both commission-only and salaried, in California.

The two classes—one for expenses, one for deductions—had previously been certified in 2014, but the class definitions have been amended to include an end date of July 14, 2016. Pursuant to the terms of the settlement and the order granting preliminary approval, class notice will be mailed within 20 days of September 21, 2016. Sales consultants who worked for Synthes in California between December 13, 2007 and July 14, 2016 may be eligible for a distribution under the settlement. For more information, or to provide updated contact information, please contact Darin Ranahan or Catha Worthman. To view the court decision, as well as related settlement documents, please visit our settlements page.

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Appellate Court Denies Review of Class Certification Decision in Teets v. Great-West Life & Annuity Co.

On August 1, in a summary order, the 10th Circuit denied Defendant Great-West’s request to appeal the lower court’s order certifying the case as a class action.  As class counsel, FJWW opposed Great-West’s petition because there were no errors in the district court’s decision and there were no other reasons why immediate appellate review was warranted.  We look forward to continuing to litigate the case in district court.

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Preliminary Approval of Settlement Granted in Rogers, et al. v. Kindred Healthcare, Inc., et al.

On July 5, 2016, the Alameda County Superior Court granted preliminary approval of a $2.465 million settlement in Rogers, et al. v. Kindred Healthcare, Inc., et al., a class action alleging that Defendants failed to pay Personal Care Attendants the required minimum and straight time wages and overtime premiums, did not provide them with required meal and rest breaks when they worked in licensed healthcare facilities, and failed to issue legally compliant paystubs.

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