Case News

Class Certification Granted to Atrium Employees in ERISA Case

On April 26, 2016, U.S. District Judge Sandra F. Feuerstein granted class certification to more than 300 former employees of Atrium Management Services, Inc. in the case of Kindle v. Dejana, No. 2:14-cv-00678 (E.D.N.Y.). The plaintiff, a participant in Atrium’s employee stock ownership plan (ESOP), contends that Atrium’s $4 million sale of its stock to President and CEO Peter Dejana, overseen by John Sipala, shorted them on the fair market value of their stock and that all defendants engaged in a prohibited transaction in violation of the Employee Retirement Income Security Act (ERISA).

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California Latino Legislative Caucus Sponsors Briefing on Medi-Cal Access and Civil Rights

On Monday, April 11, 2016, Catha Worthman, alongside co-counsel Miranda Galindo from MALDEF and Abbi Coursolle from NHeLP, as well as Dr. Janet Coffman, Associate Professor at the UCSF School of Medicine, and Christina Romero, Legislative Director for Planned Parenthood Affiliates of California, will participate in a policy briefing co-sponsored by the California Latino Legislative Caucus and SEIU-UHW. Panelists will discuss the civil rights violations raised by the federal complaint against California’s Medi-Cal program filed with the Department of Health and Human Services’ Office for Civil Rights. The event will take place from 4:00 pm to 5:30 pm at State Capitol, Room 444 in Sacramento, California..

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Complaint Filed Alleging ERISA Violations by Wawa, Inc.

Feinberg, Jackson, Worthman & Wasow attorneys and co-counsel filed a class action Complaint in U.S. District Court for the Eastern District of Pennsylvania on February 1, 2016, alleging that Wawa, Inc. violated the Employee Retirement Income Security Act by forcing former employees to sell Wawa stock held in their Wawa, Inc. Employee Stock Ownership Plan (Wawa ESOP) accounts on August 30, 2015.

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Court Rules Synthes Took Unlawful Deductions from Paychecks, Clears Path for Class Trial on Expense Claim

On January 6, 2016, the Eastern District of California ruled on the parties’ motions for summary judgment and Defendant Synthes’ motion to decertify the class in the matter of Lindell v. Synthes USA, No. 1:11-cv-02053 LJO BAM (E.D. Cal.), holding that the plaintiff classes–represented by Catha Worthman, Todd Jackson, and Darin Ranahan from Feinberg, Jackson, Worthman & Wasow LLP as well as attorneys from Lang, Richert & Patch LLP–could proceed to trial on their claim that Synthes unlawfully maintained a policy of refusing to reimburse its sales consultant employees for expenses incurred in the course of business, and that Synthes’ deductions policy was unlawful on its face.

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Court Denies FedEx’s Attempt to Dismiss Suit by Surviving Same-Sex Spouse of Longtime Employee Seeking Survivor Pension Benefits

U.S. District Court Judge Phyllis Hamilton denied FedEx’s attempt to throw out a lawsuit filed by Stacey Schuett, the widow of a longtime FedEx employee, to whom FedEx refuses to pay a survivor benefit because its pension plan incorporates the federal Defense of Marriage Act (DOMA), even though that law has been struck down as unconstitutional by the United States Supreme Court.

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Press Coverage of Medi-Cal Civil Rights Filing

A number of news outlets covered the December 15, 2015 filing of a groundbreaking civil rights complaint by Feinberg, Jackson, Worthman & Wasow LLP, the Mexican American Legal Defense and Educational Fund (MALDEF), the National Health Law Program (NHeLP), and the Civil Rights Education and Enforcement Center (CREEC).

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