Jeremy Braden, an employee of Wal-Mart and participant in its employee retirement plan (Plan), brought this putative class action against Defendants/Appellees, Wal-Mart and various executives involved in the management of the Plan. Braden alleges that they violated fiduciary duties imposed by the Employee Retirement Income Security Act (ERISA). Appellees moved for dismissal under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The district court granted the motion. In a resounding victory for Braden, the Eighth Circuit reversed and remanded for further proceedings, finding that Braden had stated plausible claims for fiduciary breach.
In re Mattel, Inc.
Very favorable decision.
The Court permitted the vast majority of consumers' claims related to lead contaminated and hazardous magnetic toys to proceed.
In re: Bisphenol-A (BPA) Polycarbonate Plastic Products Liability Litigation
As to one of the defendants, Philips Avent, the Court has preliminarily approved a settlement awarding compensation for Plaintiffs who purchased certain branded plastic baby bottles and sippy cups that were sold in the United States. These products were sold without disclosing that they contained the chemical Bisphenol-A (BPA) or the potential health risks associated with BPA exposure. For more information, please visit http://www.philipsbpasettlement.com/
Erickson v. Bartell Drug Co.
Groundbreaking, favorable decision.
Judge Lasnik ordered Bartell to "cover each of the available options for prescription contraception to the same extent, and on the same terms, that it covered other drugs, devices, and preventative care for non-union employees." The court also ordered Bartell to offer coverage for contraception-- related services, including the initial physician visit, to the same extent it did for other services.
Judge Lasnik explained that when an employer offers a generally comprehensive prescription plan "covering everything except a few specifically excluded drugs and devices, it has a legal obligation to make sure that the resulting plan does not discriminate based on sex-based characteristics and that it provides equally comprehensive coverage for both sexes."