Wednesday, October 21, 2020
An Illinois district court issued a split decision in a case involving the cybertheft of retirement plan assets, allowing the plan administrator and plan sponsor to be dismissed, but requiring the recordkeeper to defend allegations that it breached its fiduciary duties under the Employee Retirement Income Security Act (ERISA). Bartnett v. Abbott Laboratories, et. al. (N.D. Illinois, Case No. 1:20-cv-02127) is one of several recent lawsuits filed against plan sponsors and recordkeepers for allowing cyber-thieves to pilfer large distributions from participants’ retirement plan accounts.
Heide Bartnett, a former employee of Abbott Laboratories (Abbott) and participant in Abbott’s 401(k) plan, alleges that a hacker accessed her 401(k) account online, changed the password, added a new bank account and requested a $245,000 distribution from the 401(k) plan’s recordkeeper, Alight Solutions LLC (Alight) to be deposited into the newly added accoun
Mars Mired in Milk Chocolate Melee
Yet another suit is hawkish over Dove Bar packaging claims
Strike Two?
Here’s a follow-up to the recent battle between Mars Wrigley Confectionery and Mohammed Garadi. If you recall and of course you do; you hang on our every word, right? Mars and Garadi were locked in a deadly duel of catty memos regarding Mars’ motion to have the case dismissed. Mars led off its missive in support by lambasting Garadi’s counsel for filing a strike suit a class action among a hundred others that employs “a raft of recycled complaints” against food manufacturers that “leverage the threat of putative class claims and force early settlements.”
Get Permission
A lawsuit alleges Easy Healthcare Corp s Premom mobile fertility app unlawfully shared data with three Chinese firms.
A lawsuit seeking class action status alleges that the maker of a fertility mobile app is sharing with three Chinese companies its users’ personal information and location data – without first obtaining users’ consent.
The lawsuit filed against Burr Ridge, Ill.-based Easy Healthcare Corp. by a user of the company’s free fertility app, Premom, alleges the Andriod app is sharing personal and sensitive health data, as well as geolocation data, device activity data, user and advertiser IDs and nonresettable device hardware identifiers, with three Chinese firms.
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BELLEVILLE A former crop duster is suing Chevron and others alleging his exposure to the herbicide paraquat led to his Parkinson s disease.
Michael Kearns and Jean Kearns filed a complaint Dec. 21 in the St. Clair County Circuit Court against Syngenta Crop Protection LLC, Syngenta AG, Chevron Phillips Chemical Company LP, Chevron U.S.A., Inc., and Growmark Inc., alleging strict product liability, negligence, violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, breach of implied warranty of merchantability and other claims.
The Kearns allege in their compliant that between 1969 and 1981 Michael Kearns worked as crop duster and was repeatedly exposed to the chemical paraquat. The plaintiffs allege Michael Kearns inhaled, ingested or absorbed paraquat that was sprayed on farm fields in the areas of Edgerton, Wisconsin and Danville, Ill.
Edelson
A virtual hearing on a Wood River car dealership’s motion for summary judgment is scheduled for February after the defendants argued that a customer refused several offers to service a vehicle she claims was sold with defects.
According to a Dec. 9 notice, the motion hearing is set for Feb. 18 at 1 p.m. via zoom with Madison County Circuit Judge Sarah Smith presiding.
The motion for summary judgment was filed on Sept. 23 by attorney Joshua Edelson of Craney Law Group on behalf of defendants DBJ Automotive II Inc., doing business as J.D. Byrider of Wood River, and DBJ Investments Inc., also known as CNAC of Wood River.