Month: August 2010

Week Adjourned: 8.27.10

Cookie-cutter Nurse, circa 1945 Top Class Actions

Care Doesn’t Discriminate? You would think that healthcare might be the one environment in which race would not be the priority. Not so, apparently. One of San Francisco’s biggest hospitals, Sutter Health’s California Pacific Medical Center (CPMC), which also operates St. Luke’s Hospital, is facing a class action over allegations that it is engaged in systematic discrimination against the hiring of Filipino registered nurses. The suit, brought by the California Nurses Association (CNA), alleges contract violations in a systematic policy of discrimination.

The CNA held a press conference over the matter during which former nursing supervisors and nurses of CPMC spoke out about the discrimination they themselves had faced. The CNA have also made public data from a review they conducted which show that in early 2008 there was a major demographic shift among the nurses being hired at St Luke’s. “Before February 2008, 65% of St Luke’s RNs were Filipino. After February 2008, only 10% of RNs hired were Filipino,” the press releases states.

“St. Luke’s and CPMC RNs, many of them Filipino, have been outspoken in defense of their patients, and in opposition to Sutter and CPMC’s plans to reduce services to the largely lower income, minority community depending on St. Luke’s from SOMA to the Excelsior,” said CNA Co-president Zenei Cortez, RN.

“Rather than respond to the concerns of the community, CPMC and Sutter have chosen instead to retaliate by carrying out a punitive, illegal, and immoral campaign of discrimination,” said Continue reading “Week Adjourned: 8.27.10”

Week Adjourned: 8.21.10

Top Class Actions

No Sweet Deal for Suite Attendants in Georgia. A class action lawsuit was filed this week on behalf people who worked as Suite Attendants at Philips Arena, The Georgia Dome, and/or the Atlanta Motor Speedway (collectively the “Venues”) from January 1, 2006 to the present.

The suit is filed against Levy Premium Foodservice Limited Partnership d/b/a Atlanta Sports Catering, and Compass Group North America d/b/a Levy Restaurants in Atlanta, Georgia.

And the allegations? The defendant’s wrongful failure to pay the suite attendants service charges—the 20% service charge they automatically add to each bill for food and beverages purchased by suite owners and patrons at the hundreds of events held each year from 2006 to present at these venues. So, if you were expecting to get your tips while working as a ‘suite employee’ at any of these places, and didn’t—you’re not alone. Sadly. But—you know the old saying—there’s strength in numbers…you just want them on your side. 

Top Settlements

To the Aid of Medicaid Recipients. Money finally started to flow this week from two settlements that will have reaching effects in the way Medicaid is administered, apparently.

The two cases are Janigian v. District of Columbia (in the District) and E. Smith, et al. v. John Continue reading “Week Adjourned: 8.21.10”

Week Adjourned: 8.13.10

Top Class Actions

No Answer for No Answer Charges? A couple of major players in the telecommunications game got hit with class actions this week. First up—AT&T. The suit alleges violations of federal truth-in-billing laws, false advertising and deceptive trade practices under New York law, and breach of contract, among other things. 

Lead plaintiff, Los Angeles resident Kenneth Thelian, claims he was charged $12.90 partly for calls that he did not answer. He allegedly complained to AT&T who reversed $8 of the charges, but the company representative “did not adequately explain why these charges were incurred.”

Thelian faced a further $15.81 in roaming charges while traveling in Montreal, Canada in August 2005, again for calls he did not answer. Then, in February and March of 2007, Thelian was billed $92.72. “The bill did not indicate which of these charges were for calls that he did not answer while traveling abroad,” the suit alleges. 

So, maybe time to be checking those phone bills…

And, second up—T-Mobile. This class action alleges that the company puts limits on its unlimited data plan. Ummm. who would have thought…

The suit claims that advertisements for T-Mobile’s “Unlimited Web & E-mail” plans, offered for both Blackberry and other brands of smartphones, promise the consumer access to Continue reading “Week Adjourned: 8.13.10”

Week Adjourned: 8.6.10

Top Class Actions

Could Say He was Over his Overdraft Fees. I think these guys deserve a Business As Usual, As Usual award. Commerce Bancshares, a Kansas City-based financial institution operating simply as Commerce Bank in the state of Missouri is being sued by a client who claims the company’s bank overdraft fees violate state law.

The plaintiff, Harold J. Joseph Jr., has accused the banking chain of manipulating the sequence of debit card purchases in an attempt to maximize the number and size of overdraft fees that they can impose. 

Any of this sound familiar? Excessive bank overdraft fees lawsuits have been filed and/or settled against a variety of banks, including Wells Fargo, Bank of America, M&T Bank and Wachovia. The lawsuits allege that banks charge excessive overdraft fees when customers’ accounts go into overdraft. They further allege that the banks use a number of unethical practices to push their accounts into overdraft, such as misrepresenting customers’ account balances and reordering debits and credits to accounts.

New regulations that will take effect by mid-August seek to rectify this problem by making overdraft protection an opt-in service and by regulating the terms of the action.

FYI: Information about Commerce Bancshares second quarter earnings were posted in a press release July 21. Those of you hit with excessive overdraft fees may find the numbers interesting…”Commerce Continue reading “Week Adjourned: 8.6.10”