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Final Approval of Settlement Agreement in Neil v. Zell
On January 30, 2012, the U.S. District Court for the Northern District of Illinois granted final approval to the $32 million class action settlement of Neil v. Zell, Case No. 08-cv-06833 (N.D. Ill.). This settlement brings to a close over three years of litigation of claims arising from the 2007 Leveraged ESOP Transaction designed by Sam Zell whereby the Tribune ESOP purchased unregistered Tribune Company stock as part of a going-private transaction. Lewis Feinberg served as co-counsel for the Plaintiff Class.
See coverage at Bloomberg.
For more information, please contact Dan Feinberg.
Lindsay Nako and Catha Worthman Become LFLRJ Shareholders
Lewis, Feinberg, Lee, Renaker & Jackson is pleased to announce that effective January 1, 2012, Lindsay Nako and Catha Worthman have become firm Shareholders. They represent and have secured recoveries for many clients with disability, wage and hour, employment discrimination and pension claims in individual and class action cases.
See Ms. Nako's firm biography here.
See Ms. Worthman's firm biography here.
Final Approval of Settlement in Clarke v. Lindeman
On December 14, 2011, the Honorable John A. Mendez of the United States District Court for the Eastern District of California granted class certification and final approval of the settlement of Plaintiffs' ERISA breach of fiduciary duty claims relating to the Valley Aggregate Transport, Inc. Employee Stock Ownership Plan and its participants.
See the Final Approval Order.
For more information please contact Nina Wasow or Dan Feinberg.
Final Approval of Settlement Agreement in Taylor v. ANB Bancshares, Inc.
On October 26, 2011, the Honorable Robert Dawson, United States District Judge for the Western District of Arkansas, granted final approval of a settlement agreement reached by the parties as to the Plaintiffs’ Class claims of breach of fiduciary duty arising under the Employee Retirement Income Security Act (ERISA). See the Final Approval Order, Settlement Agreement, and Class Notice.
For more information please contact Teresa S. Renaker or Andrew Lah of Lewis, Feinberg, Lee, Renaker & Jackson or Donald Kendall of the Kendall-Drewyor Law Firm.
Preliminary Approval in Tribune Company ESOP Lawsuit
On October 24, 2011, the U.S. District Court for the Northern District of Illinois granted preliminary approval to the $32 million class action settlement of claims arising from the 2007 Tribune Leveraged ESOP Transaction. LFLRJ is co-counsel for the class in Neil v. Zell. You can view the settlement agreement here.
For more information contact Dan Feinberg.
Final Approval of Settlement Granted in Paulsen v. CNF, Inc.
In April 2011, the parties in Paulsen v. CNF, Inc. agreed to a settlement of the plaintiffs' claims of professional negligence against the actuaries to the failed Consolidated Freightways Corporation Pension Plan. On October 24, 2011, Judge James Ware of the U.S. District Court of Northern California granted final approval of the settlement.
A court-approved notice of the proposed settlement was mailed to the class members on July 22, 2011. View it here.
For more information contact Teresa Renaker or Catha Worthman.
Court Denies Defendants' Motion to Dismiss Core Claims in Hartman v. Ivy
The court presiding over Hartman et al. v. Ivy Asset Management, et al., denied Defendants’ motions to dismiss the core claims in the case. In this case, Lewis Feinberg and co-counsel represent the trustees of seventeen union-affiliated pension and welfare plans in a breach of fiduciary duty action against investment managers and investment advisors who steered the plans into – and failed to steer them out of – investments with Bernard Madoff’s multi-billion-dollar Ponzi scheme that collapsed in December 2008. The U.S. District Court for the Southern District of New York dismissed two of the plaintiffs’ claims but refused to dismiss the bulk of the complaint and refused to question another court’s earlier denial of Defendants’ motion to dismiss. The plans for which the plaintiffs are trustees lost millions of dollars in assets used to pay union members’ retirement and health benefits as a result of investments with Madoff. A copy of the court’s decision is available here.
For more information contact Margo Hasselman or Andrew Lah.
Preliminary Approval of Settlement Agreement in Clarke v. Lindeman
On Sept. 22, 2011, the U.S. District Court for the Eastern District of California granted preliminary approval of a settlement of Plaintiff's breach of fiduciary duty claims. The settlement provides for a payment to the ESOP and the forfeiture of the individual defendants' ESOP shares. On September 29, 2011, a court-approved notice of the proposed settlement was mailed to class members. For more information about the settlement, see Plaintiff's Motion for Preliminary Approval with Plaintiff's counsel's declaration in support, and Motion for Award of Attorney's Fees and Costs with declaration in support. A final approval hearing has been scheduled for December 14, 2011.
For more information contact Dan Feinberg or Nina Wasow.
Settlement Agreement in Tribune Company ESOP Lawsuit
On August 19, 2011, the Plaintiffs in Neil v. Zell, the class action lawsuit against those responsible for the disastrous 2007 leveraged buyout of Tribune Company, agreed to settle the Class’s claims against the trustee of the Tribune Company Employee Stock Ownership Plan for $32 million. The settlement must be approved by the U.S. District Court for the Northern District of Illinois and the U.S. Bankruptcy Court for the District of Delaware. Lewis Feinberg is co-counsel for the Class.
For more information, please contact Dan Feinberg.
See coverage at The L.A. Times.
Proposed Settlement in Holloway v. Best Buy
Lewis Feinberg Lee Renaker & Jackson, P.C., and co-counsel announce a proposed settlement of an employment discrimination class action brought on behalf of women and minority employees of Best Buy. Through this settlement, Best Buy agrees to changes to its personnel policies and procedures that will enhance the equal employment opportunities of the thousands of women, African Americans, and Latinos employed by Best Buy nationwide. The settlement remains subject to court approval before the Honorable Phyllis J. Hamilton, United States District Judge for the Northern District of California.
The case is entitled Holloway v. Best Buy, Civil Action No. 3:05-cv-05056-PJH (N.D. Cal.). It was filed in December 2005, alleging that Best Buy discriminates against women, African American, and Latino employees of Best Buy retail stores in the United States by denying them promotions and more lucrative sales positions. Best Buy has denied any wrongdoing throughout the litigation. In reaching this proposed settlement, the parties agreed that it was in the interest of Best Buy, the plaintiffs, and the employee classes to resolve the matter through a settlement that provides injunctive relief to all class members, rather than to proceed with litigation.
For more information, please visit www.bbclassaction.com.
Housing Discrimination Case Against Lancaster and Palmdale
The NAACP and other representatives of poor minorities who receive federal housing subsidies have sued the cities of Lancaster and Palmdale for seeking to exclude them and unleashing a campaign of harassment and intimidation. The Mayor of Lancaster has admitted declaring "war" on these individuals because of their race. See coverage and an editorial at the Los Angeles Times and coverage by the Los Angeles DailyNews.
Contact Lindsay Nako or Bill Lann Lee for more information.
National Association of the Deaf v. Netflix
Our clients, the National Association of the Deaf and other deaf and hard of hearing advocates, have filed suit against Netflix for not providing closed captioning on its "Watch Instantly" streaming movie and television show content. Netflix is the largest company providing streaming services.
Complaint. Also see http://www.dredf.org/captioning.
Coverage at MSNBC.
Coverage at People's World.
Contact Joshua Davidson, Catha Worthman or Bill Lann Lee for more information.
2012 Midwinter Meeting of the ABA Employee Benefits Committee
Teresa Renaker, Catha Worthman and Lindsay Nako will be speaking at the upcoming Midwinter Employee Benefits Committee meeting in Coronado, California.
For more information and to register, please click here.
TIPS Midwinter Symposium on Insurance and Employee Benefits
Teresa Renaker will be speaking at the 38th Annual Midwinter Symposium on Insurance and Employee Benefits sponsored by the ABA Tort Trial & Insurance Practice Section.
For more information and to register, please click here.
Upcoming Speaking Engagements for Todd Jackson
Mr. Jackson will speak at Bridgeport Continuing Education's Seventh Annual Wage & Hour Litigation Conference on "The Ins & Outs and Dangers of Self-Audits" on Oct. 13, 2011 in San Francisco.
He will also speak at the National Employment Lawyers Association's conference - Securing Wages, Protecting Hours: Representing Workers in Individual & Collective Actions Under the FLSA - on "Ethical Issues in Representing Workers in Wage & Hour Actions," Oct. 22, 2011 in Washington DC.
Mr. Jackson will serve as co-chair of the ERISA pre-emption chapter at the 2012 Midwinter Meeting of the ABA's Employee Benefits Committee in Coronado, CA, Feb. 15-18.
Dan Feinberg Profiled in BASF Publication
The Fall 2011 edition of San Francisco Attorney Magazine includes a profile of Mr. Feinberg in the feature "Representing Plaintiffs." See the piece here.
Teresa Renaker to Speak at the ABA's 21st Annual National Institute on ERISA Litigation Conference
Ms. Renaker will present "For the Plaintiff" on "Employer Stock & Other Investment Related Fiduciary Cases" as well as "ERISA Preemption -- Cutting Edge Issues," on Tuesday, November 15, 2011, at the Millennium Knickerbocker Hotel in Chicago.
For more information, please see the agenda and the event website.
Brad Seligman Named Leading Labor & Employment Attorney in Daily Journal
The July 13, 2011 issue of the Daily Journal Labor and Employment Supplement included LFLRJ of-counsel Brad Seligman in its annual list of the 75 most influential labor and employment attorneys. Brad and the other honorees are profiled in the issue.
10 of Firm's Attorneys Listed in Super Lawyers
10 of the firm's 17 attorneys were acknowledged in Super Lawyers magazine. Jeff Lewis, Bill Lann Lee, and Dan Feinberg were named as among the top 100 lawyers in Northern California. Teresa Renaker was listed among the top 50 women lawyers in Northern California, Todd Jackson was listed as a Super Lawyer, and Margo Hasselman, Lindsay Nako, Catha Worthman, Nina Wasow, and Julia Campins were all denominated "Rising Stars." The selections were made based on peer ratings and independent research.
Bureau of National Affairs Publishes Article By LFLRJ Attorney Nina Wasow in Support of Proposed Regulation of ERISA's Fiduciary Definition
The article, "A Reasonable Proposal: Treat ESOP Valuators as Fiduciaries Under ERISA," can be viewed here.
Investigation of ESCO Corporation ESOP
LFLRJ is investigating potential claims relating to the ESCO Corp. Employee Stock Ownership Plan ("ESOP"). ESCO is a large privately-held manufacturing company with facilities throughout the U.S. We believe that its owners may have sold stock to the ESOP for more than fair market value. If you are an employee or ex-employee of ESCO, or have information about the ESCO ESOP, and would like to know more, please call or email Jeffrey Lewis, Daniel Feinberg, or Nina Wasow.
Sacha Steinberger to Speak at The State Bar of California's 17th Annual Public Sector Conference
Ms. Steinberger will speak on "The Future of Public Sector Pensions" on Friday, May 13, 2011, at the Radisson Hotel in Sacramento.
For more information, see the conference website.
LFLRJ Submits Comment on Proposed Regulation on the Definition of "Fiduciary"
The Department of Labor has issued a proposed regulation expanding the definition of the term "fiduciary" to include ESOP valuators, among others. Nina Wasow submitted a comment in support of the proposed regulation, explaining the firm's view that ESOP valuators are appropriately viewed as investment advisors and should be held to ERISA's high standards of conduct. View the comment here.
Final Approval Granted in Vaughn v. Bay Environmental Settlement
In October 2010, the parties agreed to a settlement of the Plaintiff Class's claims of breach of fiduciary duty arising under the Employee Retirement Income Security Act (ERISA). On February 22, 2011, Judge Samuel Conti of the Northern District of California granted final approval of the parties' settlement agreement.
For more information, please contact Teresa S. Renaker or Lindsay Nako
Ninth Circuit Victory in Shore v. International Painters & Allied Trades Industry Pension Plan
Ninth Circuit Case Nos. 10-15365 and 10-15437
District of Nevada Case No. 2:08-cv-01508-PMP
In an unpublished decision issued on March 2, 2011, the Court of Appeals for the Ninth Circuit upheld the judgment of the District of Nevada granting disability pension benefits to LFLRJ client David Shore. LFLRJ has represented Mr. Shore since 2007, when the firm filed an administrative claim for disability pension benefits on his behalf with the IPAT Pension Plan. LFLRJ continued to represent Mr. Shore in the district court and won a judgment on his behalf on November 30, 2009. On December 7, 2010, following the IPAT Pension Plan's appeal to the Ninth Circuit, Lindsay Nako argued Mr. Shore's case in front of the three-judge panel. In its decision, the Ninth Circuit affirmed the district court's judgment, concluding that Mr. Shore is entitled to disability pension benefits from 1975 to the present and going forward.
For more information please contact Jeff Lewis or Lindsay Nako.
Upcoming Speaking Engagements For Firm Attorneys
Margo Hasselman will speak on fiduciary standards at the May 2011 "ERISA Basics" conference sponsored by the American Bar Association Joint Committee on Employee Benefits.
Julia Campins will give a "Class Actions 101" lecture at the 2011 Annual Convention of the National Employment Lawyers Association ("NELA").
Kirsten Scott will also speak at the NELA convention, presenting "ERISA: Let There Be No Right Without a Remedy -- Maximizing Recovery Under Section 510."
Todd Jackson will speak at the Litigating Class Actions conference, presented by Law Seminars International on May 9th in Seattle, with a plaintiff's-side perspective on dealing with parallel government investigations.
For more information, see the "ERISA Basics" conference website, the NELA list of upcoming events, and an updated Litigating Class Actions conference brochure.
Brad Seligman Joins Firm As Of Counsel
Brad Seligman, lead counsel in many employment discrimination and civil rights class actions and, until recently, Executive Director of the Impact Fund, has joined the firm in an of counsel capacity effective January 1, 2011.
Mr. Seligman said today, "I look forward to working with my new colleagues at Lewis Feinberg to develop employment discrimination and other class actions and to argue appeals in California and federal courts. This new relationship will allow me to broaden the range of my cases as I work with a highly respected firm with a depth of staffing."
Mr. Seligman will remain Senior Counsel at the non-profit Impact Fund and will continue to serve as lead counsel for plaintiffs on behalf of the Impact Fund in Dukes v. Wal-Mart Stores, the employment discrimination class action presently pending in the U.S. Supreme Court. He was the founder of the Impact Fund, which has provided over $5 million since 1992 in support to civil rights and other public interest litigation.
See Mr. Seligman's attorney profile.
Bill Lann Lee to Head Civil Rights Committee for Kamala Harris Transition Team
Bill Lann Lee will serve on California Attorney General-elect Kamala Harris' transition into office team as civil rights policy advisory committee head. Fellow Lewis, Feinberg, Lee, Renaker & Jackson partner Todd Jackson will also serve on the team, focusing on workers' rights.
See coverage at The Recorder.
Settlement Reached with IndyMac Plan Fiduciaries
On September 16, 2010, the Honorable Dean D. Pregerson of the United States District Court for the Central District of California granted preliminary approval to a $7,000,000 class action settlement brought by Lewis, Feinberg, Lee Renaker & Jackson and out co-counsel Keller Rohrback, LLP on behalf of participants in the IndyMac 401(k) Profit Sharing Plan. The lawsuit, filed in the wake of IndyMac's failure in 2008, alleged that the fiduciaries of the Plan failed to protect the Plan and its participants from imprudent investments in IndyMac's stock, even as they knew or should have known that the stock was a poor investment. If the settlement receives final approval, class members will collectively receive millions of dollars to compensate for their losses.
For more information contact Margo Hasselman.
Firm attorneys named 2010 Super Lawyers
Five of the Firm’s shareholders were recently selected as Northern California Super Lawyers for 2010 by Law & Politics for the second consecutive year. Jeffrey Lewis, Daniel Feinberg and Teresa Renaker were named for their practice of Employee Benefits/ERISA law; Bill Lann Lee for the Employment and Labor law area; and Todd Jackson in Employment Litigation: Plaintiff law. Margo Hasselman and Lindsay Nako were again selected as Northern California Rising Stars - Ms. Hasselman for her practice in Employee Benefits/ERISA and Ms. Nako for hers in Employment Litigation: Plaintiff law. Teresa Renaker was also named as one of The Top 50 Women lawyers in Northern California for the third year running.
Settlement Reached with Burger King Corporation
We have reached a settlement with Burger King Corporation concerning barriers to individuals who use wheelchairs or scooters in the ten of its leased restaurants in Northern California.
For more information see the Settlement Agreement and Notice at the case website.
Preliminary Approval in Trust Company Settlement of California Class Action
Update: final approval of the settlement with North Star Trust Co. was granted in April, 2010.
On January 22, 2010, The United States District Court for the Northern District of California granted preliminary approval for a partial settlement of $15 million in a class action on behalf of participants in and beneficiaries of the Employee Stock Ownership Plan (“ESOP”) of K-M Industries Holding Co., Inc. (“K-M Industries”), the parent company of Kelly-Moore Paint Co., Inc. and Capital Insurance Group. The case, Fernandez et al. v. K-M Industries Holding Co., Inc. et al., Case No. C 06-07339 (CW), is pending in U.S. district court in Oakland, CA.
Plaintiffs alleged in the lawsuit that the ESOP overpaid for company stock when it initially purchased that stock in 1998 and 1999. The Defendant denies that the ESOP overpaid for the stock and allege that the stock value was professionally and fairly stated at the time of the initial transactions.
The settlement was reached with North Star Trust Co., trustee for the ESOP since 2003. A previous settlement of $40 million was reached with the family trusts of the Moore family, from which the ESOP purchased the stock in 1998 and 1999, K-M Industries and the committee that oversees the ESOP in May, 2009.
Upon final approval, the $15,000,000 settlement amount, less court costs and any fees awarded to the Plaintiffs’ attorneys, will go to the ESOP for the benefit of participants and beneficiaries, who are current and former employees of Kelly-Moore Paint Co., Inc. and Capital Insurance Group.
Plaintiffs and the Class are represented by Todd Jackson, Daniel Feinberg, Margo Hasselman, Nina Wasow and Kirsten Scott of Lewis, Feinberg, Lee, Renaker & Jackson, P.C. and Peter Rukin of Rukin Hyland Doria & Tindall, LLP.
See Order Granting Final Approval of Settlement with North Star Trust Co.
See Order Granting Final Approval of Settlement with Moore family trust, K-M Industries and ESOP committee.
Daniel Feinberg Appointed to Bar Association of San Francisco Foundation Board of Directors
The Bar Association of San Francisco (BASF) Foundation raises funds in support of free legal services to those in need, efforts to promote diversity within the legal profession, and public outreach projects for underserved individuals, communities and schools in the San Francisco Bay Area. Mr. Feinberg was appointed to the BASF Foundation Board of Directors in January 2010.
See BASF Foundation
Bizjournals.com coverage on MSN Money
Partial Denial of Defendants’ Motion to Dismiss Tribune Company Pension Lawsuit
On December 17, 2009, U.S. District Judge Rebecca R. Pallmeyer ruled that GreatBanc, Trustee of the Tribune Company Employee Stock Ownership Plan (ESOP), Samuel Zell and his takeover entity, EGI-TRB, may be liable for fiduciary breaches arising from the 2007 Leveraged ESOP buyout of Tribune Company. The ruling also held that various transactions related to the ESOP transaction may have been prohibited under ERISA. Lewis, Feinberg, Lee, Renaker & Jackson, P.C. will seek discovery and class-certification to bring claims against GreatBanc and Zell on behalf of all Tribune Co. ESOP participants.
For more information contact Daniel Feinberg, Angelica Jongco, Todd Jackson or Nina Wasow.
View Judge Pallmeyer’s opinion and coverage of the ruling on Bloomberg.com.
Final Approval of KSI Settlement
On October 8, 2009, the United States District Court for the Northern District of Illinois granted final approval of the class action settlement in Arrez v. Kelly Services, Inc., making the $11 million settlement one of the largest wage-and-hour class action settlements ever achieved for an Illinois-only class. The named plaintiffs alleged that Kelly Services, Inc., violated the Illinois Wage Payment and Collection Act by failing to pay class members for all of the unused vacation time that they had earned in their final paychecks. In addition, the Complaint alleged that Kelly Services, Inc. had failed to provide proper Wage Payment and Notice, as required by the Illinois Day and Temporary Labor Services Act. Class members filed 27,316 timely Claim Forms to participate in the settlement.
For more information, contact Daniel Feinberg.
Lawsuit Filed to Recover Pension Plan Funds Lost Due to Madoff Fraud
On September 29, 2009, Lewis, Feinberg, Lee, Renaker and Jackson PC, along with co-counsel Keller Rohrback LLP, filed suit on behalf of trustees of thirteen union-affiliated employee benefit plans seeking to recover losses incurred by the funds from investments in entities associated with Bernard Madoff. The lawsuit was filed in the U.S. District Court for the Southern District of New York against various individuals and entities that managed assets for and/or gave investment advice to the plans. The defendants included Ivy Asset Management LLC, J.P. Jeanneret & Associates, Inc., and Bank of New York Mellon Corporation, as well as individuals associated with those entities. Plaintiffs allege that defendants breached their fiduciary duties of loyalty, care, skill, prudence, and diligence under ERISA, by directing plan assets into Madoff-related investments, despite numerous red flags that indicated such investments were risky and imprudent. Plaintiffs seek to recover funds for their plans, which provide retirement and other benefits to plan participants.
For further information, please contact Jeffrey Lewis, Andrew Lah, or Catha Worthman.
See complaint
Lawsuit Filed on behalf of Sonoma County Retirees
A lawsuit filed on behalf of The Sonoma County Association of Retired Employees (“SCARE”) charges Sonoma County with violating state and federal law by implementing drastic cuts to its retiree health care benefit system. For decades, Sonoma County induced employees to work and continue to work for the County by promising them that it would pay all or substantially all of the cost of the employees’ health care benefits after they retired. Despite these promises, the County implemented drastic cuts to this system in June 2009, which will require SCARE’s members, most of whom are elderly individuals who live on fixed incomes, to pay hundreds of additional dollars a month toward their medical premiums. The lawsuit seeks to compel the County to honor the promises that the County made to its employees regarding retiree benefits.
For more information, contact Jeffrey Lewis, Bill Lann Lee, Sacha Steinberger, or Andrew Lah.
See press release and complaint
Firm attorneys named 2009 Super Lawyers
Five of the Firm’s shareholders were recently selected as Northern California Super Lawyers for 2009 by Law & Politics. Jeffrey Lewis, Daniel Feinberg and Teresa Renaker were named for their practice of Employee Benefits/ERISA law. Bill Lann Lee was named in the Employment and Labor law area. All have been named Super Lawyers in previous years. Todd Jackson was named in Employment Litigation: Plaintiff law area. Margo Hasselman and Lindsey Nako were selected as Northern California Rising Stars for 2009. Ms. Hasselman for her practice in Employee Benefits/ERISA and Ms. Nako in Employment Litigation: Plaintiff law. In addition, Teresa Renaker was, once again, named as one of The Top 50 Women lawyers in Northern California.
For more information about the selection process visit www.superlawyers.com.
Margo Hasselman becomes co-editor of the ABA Labor and Employment Law Section, Employee Benefits Committee Newsletter
The Summer 2009 issue includes articles by several LFLRJ attorneys, including an article by Nina Wasow titled “Appeals Court Considers the Boundaries of Indemnification for ESOP Fiduciaries,” and an article by Julia Campins and Catha Worthman titled “Class Certification in 401(k) Cases After LaRue.”
Final Approval in Construction Companies Settlement of California Class Action
The United States District Court for the Northern District of California granted preliminary approval for a partial settlement of $40 million in a class action on behalf of participants in and beneficiaries of the Employee Stock Ownership Plan (“ESOP”) of K-M Industries Holding Co., Inc. (“K-M Industries”), the parent company of Kelly-Moore Paint Co., Inc. and Capital Insurance Group. The case, Fernandez et al. v. K-M Industries Holding Co., Inc. et al., Case No. C 06-07339 (CW), is pending in U.S. district court in Oakland, CA.
Plaintiffs alleged in the lawsuit that the ESOP overpaid for company stock when it initially purchased that stock in 1998 and 1999. Defendants deny that the ESOP overpaid for the stock and allege that the stock value was professionally and fairly stated at the time of the initial transactions.
The settlement was reached with the family trusts of the Moore family, from which the ESOP purchased the stock in 1998 and 1999, K-M Industries and the committee that oversees the ESOP.
Claims will proceed against North Star Trust Co., trustee for the ESOP since 2003. Plaintiffs allege that North Star failed to act prudently upon becoming successor trustee for the ESOP.
Upon final approval, the $40,000,000 settlement amount, less court costs and any fees awarded to the Plaintiffs’ attorneys, will go to the ESOP for the benefit of participants and beneficiaries, who are current and former employees of Kelly-Moore Paint Co., Inc. and Capital Insurance Group.
Plaintiffs and the Class are represented by the law firms of Lewis, Feinberg, Lee, Renaker & Jackson, P.C. and Rukin Hyland Doria & Tindall, LLP.
For more information contact Todd Jackson.
See press release and case documents
Partial Settlement of Employee Stock Ownership Plan Class Action Preliminarily Approved
A settlement in an employment-related class action for construction workers was granted final approval by U.S. District Court Judge Dale Fischer of the Central District of California, in Gutierrez et al. v. Schmid et al. on March 10, 2009. Workers will begin receiving settlement checks by mail in mid-April.
The suit was filed on behalf of certain current and former California employees. The settlement resolves all of the named plaintiffs’ and affected employees’ wage claims against defendants in exchange for an $8.5 million payment.
While the companies deny any liability, the suit alleged violations of California’s wage and hour laws. The lawsuit did not involve any claims or allegations of unlawful discrimination.
The class, as finally approved by the Court, includes current and former California installers who worked for Western Insulation, L.P., at any time from October 13, 2002, to September 30, 2008; for Schmid Insulation Contractors, Inc., from October 13, 2002, to December 31, 2007; and for Masco Contractor Services of California, Inc., at any time from January 1, 2008, until September 30, 2008.
More information and case documents
Margo Hasselman Becomes Shareholder with the Firm
Lewis, Feinberg, Lee, Renaker & Jackson is pleased to announce that effective January 1, 2009, Margo Hasselman has become a Shareholder with the firm. Ms. Hasselman joined the firm as an associate attorney in 2003. Since that time, she has been instrumental in helping the firm’s clients receive pension, medical, and disability benefits, as well as overtime pay, in both individual and class action cases.
Court Certifies Class in ERISA Breach of Fiduciary Duty 401(k) Case against R.J. Reynolds Tobacco Company.
Plaintiffs allege that defendants breached their fiduciary duty to the plan by forcing the liquidation of two investment funds consisting of stock of formerly affiliated companies without adequate investigation or analysis. At the time, the stock was trading at historic lows, but was widely expected to rise and investment analysts were increasingly recommending that it be held or purchased. The court certified the class in its entirety. The court declined to exclude either participants who signed severance agreements purportedly releasing claims or participants who directed the sale of the stock at issue before the final liquidation date (but after being informed that the stock would be sold).
For more information, contact Jeff Lewis, Bill Lann Lee, Julia Campins, or Catha Worthman.
Final Approval of Dynegy Settlement Granted
On September 30, 2008, the United States District Court for the Southern District of Illinois granted final approval of the class action settlement in Lively v. Dynegy, Inc.. The class plaintiffs alleged that the fiduciaries of the Illinois Power Company Incentive Savings Plan for Employees Covered Under a Collective Bargaining Agreement breached their duties to the Plan’s participants by investing and permitting the investment of Plan assets in stock of the sponsoring employer, Dynegy, Inc. The Court had previously certified a class of all Plan participants whose accounts held Dynegy stock beginning February 1, 2000, and had appointed the law firms of Lewis, Feinberg, Lee, Renaker & Jackson and Schuchat, Cook & Werner as class counsel. The Defendants’ appeal from the class certification order was pending at the time of the settlement.
For more information, contact Teresa Renaker, Jeff Lewis, or Margo Hasselman.
Class Action filed on behalf of Burger King customers who use wheelchairs or scooters.
Forty years after California adopted accessibility standards, 18 years after passage of the Americans with Disabilities Act, and ten years after Burger King promised—in settling an earlier lawsuit—to bring its stores into compliance, customers from across the state report that Burger King restaurants remain in violation of wheelchair access laws. This disability class action against Burger King challenges accessibility barriers at California Burger King restaurants for people who use wheelchairs or scooters. The barriers include, for example, excessively heavy doors; queue lines that are too narrow for wheelchairs; inaccessible restrooms, service counters and dining areas; and insufficient accessible parking. The case was filed September 10, 2008 in the U.S. District Court for the Northern District of California. The firm is part of a legal team including Disability Rights Education and Defense Fund and Fox & Robertson, P.C.
For more information about this class action, contact Bill Lann Lee.
Firm attorneys named 2008 Super Lawyers.
Four of the Firm’s shareholders were recently selected as Northern California Super Lawyers for 2008 by Law & Politics. Jeffrey Lewis, Daniel Feinberg and Teresa Renaker were named for their practice of Employee Benefits/ERISA law. Bill Lann Lee was named in the Employment and Labor law area. All have been named Super Lawyers in previous years. In addition, Teresa Renaker was named as one of The Top 50 Women lawyers in Northern California for 2008. For more information about the selection process visit www.superlawyers.com.
Class Action Seeking Recovery of Lost Retirement Benefits Filed on Behalf of Former Employees of ANB Financial, N.A.
A class action filed on behalf of over 250 former employees of ANB Financial, N.A., charges that the bank holding company, individual trustees, and other fiduciaries of the ANB Employee Stock Ownership Plan (ESOP) breached their duties to plan participants by continuing to invest participants’ retirement savings in company stock even after the fiduciaries knew that the bank was engaged in unsafe and unsound banking practices. The action further charges that the fiduciaries actively misrepresented the condition of company stock to the employees and failed to disclose to the employees the information they needed to protect their retirement savings. The case, entitled Taylor, Crosswhite, and Godsey v. ANB Bancshares, Inc., et. al., was filed in federal court in Fayetteville, Arkansas.
For more information about this class action, contact Teresa Renaker or Jeff Lewis.
View our press release and press coverage of the case.
Lewis, Feinberg, Lee, Renaker & Jackson, P.C. , and the ACLU urge Konica Minolta Not to Terminate Domestic Partner Health Insurance of 9/11 Survivor
Seeking to maintain health insurance for a 9/11 survivor, the Firm and the American Civil Liberties Union today sent a demand letter to the New Jersey offices of Konica Minolta Business Solutions U.S.A., Inc. (KMBS) urging the company to interpret its policy on domestic partner health insurance so that more employees will have access to the insurance. KMBS currently interprets its policy as requiring employees to re-register as domestic partners with the state every time that they move, even though many states have no way for same-sex partners to do so.
For more information about this case, view our press release and coverage of the case on ABC News or CNN.