Ninth Circuit Upholds Allegations That CVS Violated ACA By Discriminating Against Persons With HIV

by

Recently the Ninth Circuit Court of Appeals overturned a lower court decision, holding that five “John Doe” HIV patients could pursue a discrimination claim against CVS Caremark for requiring HIV and AIDS patients to obtain their medications by mail-order or drop shipment to a CVS store.

The Ninth Circuit Court of Appeals reversed the lower court decision that found the plaintiffs had not adequately alleged a disability discrimination claim, finding the plaintiffs properly alleged that the CVS mail order program violated the anti-discrimination provisions of the Affordable Care Act (“ACA”).

Read more

The Public’s Right to Injunctive Relief When Facing Mandatory Arbitration

by

There is a frequent question about obtaining injunctive relief on behalf of the public when the lawsuit involves a mandatory arbitration clause. Such situations commonly occur in consumer class action litigation. In this article in the ABTL (Association of Business Trial Lawyers) Report, attorney Alan Mansfield discusses the California Supreme Court decision in McGill v. … Read more

Coventry Health Sued For Mandatory HIV/AIDS mail order program

by

On December 22, 2015, a lawsuit was filed against Coventry Health for implementing a mandatory mail order program for HIV/AIDS specialty medications, contrary to the terms of a settlement agreement and representations made by its parent company, Aetna, Inc. The lawsuit is pending in the Southern District of Florida, and will be posted here shortly

Major Car Company Charged with Deceptive Practices

by

Today in The New York Times is a report Volkswagon intentionally programmed certain diesel Model Year 2009-15 vehicles to violate EPA and California emissions control requirements. Read about what Volkswagon did here VW Alleged to Have Cheated on Emissions Testing If you would like to learn more about your legal options if you own or … Read more

Important Information for Those Interested In the DOE v. United settlement

by

On August 2, 2014, the Court entered an order finally approving the settlement in this action.  Assuming no appeals are filed, the following is an updated list of relevant dates: “Effective Date” – September 3, 2014. This is the date the Settlement becomes effective.  Thus, beginning on September 4, 2014, class members can exercise your Exemption … Read more

Important Information for Pathway Customers — Call Global Client Solutions

by

The Consumer Financial Protection Bureau on Monday reached an approximately $7 million settlement in California federal court with an Oklahoma-based debt-settlement payment processor that the bureau says charged tens of millions of dollars in illegal upfront fees to consumers. The CFPB alleged that Tulsa, Oklahoma-based Global Client Solutions allowed companies that it served to charge … Read more

Class Notice Now Available for DOE v. United

by

For those who are interested in the action against United Healthcare involving the mail order program for certain HIV/AIDS specialty medications, the class notice was mailed out last week. The following is a link to the settlement website, where you can also review the settlement notice and a list of Frequently Asked Questions: www.unitedhivsettlement.com (Internet … Read more

Consumers Who Purchased Certain Gerber Infant Clothes Entitled to Money

by

Families who bought certain types of Gerbers “tagless” children’s clothing are entitled to refunds, discounts and re-imbursement for skin rashes, under a class-action settlement. Attorneys for a class of persons who bought “tagless” clothing for children and infants announced that they have reached a settlement with Gerber Childrenswear which lets anyone who purchased certain tagless … Read more