On August 4, 2021, the 6th U.S. Circuit Court of Appeals agreed with a lower court ruling that a Schneider Wallace represented gas station employee was not subject to forced arbitration, and that the employee can pursue a wage-and-hour class action in court. The three-judge panel held unanimously that the Schneider Wallace case can proceed despite the fact that Defendant claimed that it was subject to mandatory arbitration, because the court found that the language in the Newcomb Oil Co LLC’s employee handbook was not enforceable under the Federal Arbitration Act.
Chief Judge Nancy J. Rosenstengel of the United States District Court for the Southern District of Illinois appointed Amy Eskin of Schneider Wallace Cottrell Konecky LLP as State Court Liaison Counsel for California and a member of the 15 member Plaintiffs’ Executive Committee supervising the In re Paraquat Products Liability Litigation. MDL No. 3004.
On July 8, 2021, the United States Court of Appeals for the Second Circuit affirmed the judgment of the United States District Court for the District of Connecticut, holding that Connecticut violated the Individuals With Disabilities Act (“IDEA”) by terminating special education services for students prior to their 22nd birthday while offering public education to non-disabled adults. They also held that Connecticut’s violation entitled class members who are no longer receiving special education to compensatory education to remedy the past unlawful termination of their services.
Prudential Security faces a lawsuit brought by security guards represented by Schneider Wallace Cottrell Konecky for the company’s alleged unlawful wage and hour policies and practices. The class action complaint was filed in Illinois state court, Cook County on April 6, 2021.
The Fourth Circuit reversed the dismissal of an antitrust class action alleging Actelion unlawfully monopolized the Tracleer market.
The Northern District of Illinois preliminarily approved a $10 million class action settlement by RelayHealth in Surescripts e-prescription antitrust lawsuit.
Schneider Wallace Cottrell Konecky has brought a class action lawsuit against Comcast Corp., Comcast Cable Communications Management LLC, and Prince Telecom LLC for allegedly failing to pay cable installation technicians for all hours worked. The lawsuit was filed in the United States District Court for the Middle District of Pennsylvania on April 13, 2021 and is brought on behalf of current and former Prince Telecom technicians.
Brookdale Senior Living has been sued by the Department of Health and Human Services. The HHS is alleging that Brookdale submitted false staffing data for their nursing homes to the government. HHS is also alleging that they did not properly handle discharges of residents.
Knoxville, Tennessee, represented by Schneider Wallace and co-counsel, is suing Netflix and Hulu for unpaid municipal franchise fees. The complaint alleges that Netflix and Hulu operate “at least in part in public rights-of-law” and seeks damages up to $5 million.
The U.S. House of Representatives Committee on Oversight and Reform released a 57 page report on May 18th, 2021 regarding AbbVie’s pricing of Humira and Imbruvica drugs in the United States.
Humira is a drug used to treat rheumatoid arthritis and other autoimmune diseases. It generated $160 billion in revenue for AbbVie in 2020 and has a current price of $77,000 per year. The price of the drug has increased nearly 5x over its initial pricing. The Committee on Oversight and Reform reviewed 170,000 pages of internal documents from 2009 and to present, and concluded that the 470% “price increases [were] not justified”.