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Trial Lawyer Deon Tedder Joins RPWB

Trial attorney Deon Tedder has joined Rogers, Patrick, Westbrook & Brickman, LLC, where he will focus on personal injury, mass torts and criminal defense work out of the firm’s Mount Pleasant and Columbia offices.

Tedder joins RPWB after working at David Aylor Law Offices for the past five years, where he helped many clients in the Charleston area with personal injury and criminal defense matters. He is honored as a 2022-2023 Rising Star in personal injury litigation by Super Lawyers and as a Top 40 under 40 personal injury attorney by the National Black Lawyers Association.

“We are thrilled to have Deon join us,” said Nina Fields Britt, managing attorney of RPWB. “He has an outstanding reputation as a trial lawyer and as a person who is genuinely community service-oriented. He brings a lot to the table for his clients and also for our law firm.”

A resident of North Charleston, Tedder has spent much of his life devoted to public service. He currently serves District 109 in the S.C. House of Representatives and is running for an open seat in the S.C. Senate (District 42). But his interest in being a voice and public servant for the underserved goes back much further.

While in college, he worked in the office of the late Senator Edward (Ted) Kennedy, where he assisted on the Health, Education, Labor & Pension (HELP) Committee. As a law student at the University of South Carolina School of Law, he advocated for the least fortunate among us by serving as a Guardian Ad Litem for Richland County’s Court Appointed Special Advocates Program (CASA).

Tedder also represented indigent clients in courtroom proceedings in Magistrate Court through the University of South Carolina’s Criminal Law Practice Clinic. He served as a judicial law clerk to the Honorable L. Casey Manning in Columbia.

Outside of practicing law, he can be found volunteering at community events, mentoring young students, and advocating for all South Carolinians to have a better quality of life.

Tedder is a proud graduate of South Carolina State University Honors College and the University of South Carolina School of Law. He is a member of Alpha Phi Alpha Fraternity, Inc.

In addition to being licensed to practice law in South Carolina, Tedder also is licensed in North Carolina.

Tedder can be reached at [email protected] or 843-727-6518.

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Johnson & Johnson Talc Bankruptcy Petition Dismissal is a Win for Mesothelioma and Ovarian Cancer Victims

mesothelioma attorney Dave Butler

By Dave Butler

In a significant victory for injured consumers, the Third Circuit Court of Appeals dismissed the bankruptcy petition of a Johnson & Johnson subsidiary that holds the company’s liabilities for claims brought by thousands of consumers injured by exposure to asbestos-contaminated talc in Johnson & Johnson products.  The dismissal, on January 30, 2023, ends for now J&J’s efforts to avoid full responsibility for the claims of those suffering from mesothelioma, ovarian, and other cancers caused by its asbestos-contaminated products.

Through a series of corporate transactions under a unique Texas law, Johnson & Johnson created two new entities with the intention to funnel its liabilities for claims brought by thousands of injured talc claimants into a new entity which it named LTL Management; while simultaneously funneling all of its profitable business into another entity.  Two days after its formation and freshly saddled with J&J’s talc liabilities, LTL Management filed a petition under Chapter 11 of the U.S. Bankruptcy Code claiming that its talc liabilities placed it in financial distress sufficient to allow it to seek the protections afforded by U.S. bankruptcy laws.

Injured talc victims sought dismissal of the bankruptcy petition, but were denied by a federal court in New Jersey.  Victims appealed that denial to the Third Circuit Court of Appeals, which ruled that the J&J subsidiary had not demonstrated that its petition was filed in good faith and should be dismissed.

In its opinion the court found that “At base level, LTL, whose employees are all J&J employees, is essentially a shell company “formed,” almost exclusively, “to manage and defend thousands of talc-related claims” while insulating at least the assets in a non-bankrupt entity.  The court went on to find that “Because LTL was not in financial distress, it cannot show its petition served a valid bankruptcy purpose and was filed in good faith under” the United States Bankruptcy Code.  In conclusion, the court held that:

Our decision dismisses the bankruptcy filing of a company created to file for bankruptcy. It restricts J&J’s ability to move thousands of claims out of trial courts and into bankruptcy court so they may be resolved, in J&J’s words, “equitably” and “efficiently.” But given Chapter 11’s ability to redefine fundamental rights of third parties, only those facing financial distress can call on bankruptcy’s tools to do so. Applied here, while LTL faces substantial future talc liability, its funding backstop plainly mitigates any financial distress foreseen on its petition date.

Read the court’s full opinion here.

RPWB continues to seek justice for victims of exposure to Johnson & Johnson talc products. If you or a loved one has been diagnosed with mesothelioma after exposure to Johnson & Johnson talc products, please call us at u 1-866-594-8765 or fill out the form on this page to begin your case review.

Dave Butler has 30 years of experience representing mesothelioma victims and their families in cases throughout the United States. He can be reached at 1-866-594-8765 or by emailing [email protected].

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U.S. News & World Report: RPWB is a Top National Law Firm for Mass Torts & Class Actions

CHARLESTON, S.C. — RPWB is incredibly proud to be selected as one of the top national law firms for mass torts and class actions by U.S. News & World Report. RPWB is officially listed as a Tier 1 law firm for such cases, the highest possible designation.

In addition to the national selection, RPWB also was named as a 2023 U.S. News & World Report Best Law Firm for a number of other regional practice areas. They are:

Augusta, Ga.

  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Charleston, S.C.

  • Health Care Law
  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs
  • Medical Malpractice Law – Plaintiffs

Columbia, S.C.

  • Product Liability Litigation – Plaintiffs
  • Mass Tort Litigation / Class Actions – Plaintiffs

St. Louis, Mo.

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

For a complete roundup of the listings, please click here.

The announcement by U.S. News followed RPWB’s inclusion on the 2023 Best Lawyers in America list, in which 19 RPWB attorneys were recognized for their work. For the sixth year in a row, RPWB was the top-listed plaintiff law firm in South Carolina for product liability cases and mass tort litigation.

RPWB attorneys regularly hold leadership positions in national class actions and other mass torts. The firm has leadership roles in both the 3M Combat Arms Earplug MDL, the largest mass tort litigation in U.S. history, and the Aqueous Film-Forming Foams Product Liability MDL.

RPWB lawyers have been at the forefront of asbestos litigation since the 1970s. Our experienced asbestos lawyers have helped mesothelioma victims in nearly every US state and territory.

The firm’s usefulness even extends across international borders. RPWB attorneys are foreign legal consultants for six Canadian provinces seeking to recoup public money spent on smoking-related illnesses.

While RPWB is proud to help large groups of people who have been wronged, the firm remains deeply rooted in work to help individuals after tragedy strikes. RPWB lawyers represent clients in many types of cases, including wrongful death and personal injury, truck accidents, railroad accidents, construction defects, medical malpractice, mesothelioma and other occupational lung disease, whistleblower & qui tam, nursing home abuse, and pharmaceutical drug and medical device injury.

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How Do Camp Lejeune Lawsuits Actually Work?

You’ve no doubt seen the ads on television, but did you ever wonder how Camp Lejeune water contamination lawsuits actually work? Our team breaks it down for you.

RPWB has filed its first administrative claims with the Navy JAG, the first step in the litigation process under the Camp Lejeune Justice Act. The JAG is tasked with reviewing the initial claim forms. After receiving a claim form, the government has up to six months to make a settlement offer (not likely), reject the claim form as incomplete or deficient, or ignore it altogether (most likely). After the six-month review window has expired, the lawsuit must be filed within 60 days in federal court in the Eastern District of North Carolina.

It remains to be seen how the government will handle the administrative claim forms and, specifically, whether it will make reasonable settlement offers. To date, no offers have been made. However, we believe that any settlement offers at the claim-form stage will be low and that most cases will proceed to litigation.  Once cases are filed in the Eastern District of North Carolina, we anticipate cases will move to trial and that the government potentially will use these verdicts to gauge values for future settlements. Given the wide swath of illnesses and diseases involved and that the U.S. Government is the defendant, there will be Camp Lejeune litigation specific intricacies and challenges, including Daubert challenges to scientific and medical experts. It will not be a quick process to litigate these claims. We expect at least a three- to five-year time horizon for the litigation to be meaningfully resolved.

In light of these complexities, litigating Camp Lejeune Water Contamination cases will require significant mass tort legal experience. Working with a mass tort law firm with experience representing Veterans and their families will be to your advantage.

RPWB attorneys represent Camp Lejeune water contamination victims nationwide. Due to our firm’s involvement in the leadership of the national 3M earplugs litigation and other cases, we have a wealth of experience with the unique complexities of helping current and former military personnel, including the challenges of navigating complex military and Veteran’s Administration records request processes.

We would be honored to put our experience to work for you.

The main criteria for our Camp Lejeune cases is that the person served, lived, or worked at Marine Corps Base Camp Lejeune, North Carolina, between 1953 and 1987 for at least 30 days and subsequently developed: Parkinson’s disease, end-stage renal disease, kidney cancer, kidney damage, leukemia, liver cancer, multiple myeloma, non-Hodgkin’s lymphoma, scleroderma, systemic sclerosis and major cardiac birth defects. We will also screen additional cancers and health conditions that may have been caused by the contaminated water.

Click here to learn more about Camp Lejeune Water Contamination Cases.

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With Sixteen Attorneys Named to Best Lawyers List, RPWB is the Top-Listed Product Liability and Class Action Law Firm in the State

Sixteen RPWB attorneys were selected for the 2023 edition of The Best Lawyers in America® list for numerous practice areas including personal injury, product liability, mass tort, class action and medical malpractice litigation.

This marks the sixth consecutive year in which RPWB is the top-listed plaintiff law firm in South Carolina for both product liability litigation and class action & mass tort litigation.

RPWB member Beth Burke was selected as personal injury lawyer of the year in Charleston, South Carolina. In addition to working on medical malpractice and personal injury cases, Burke serves in the leadership of the national lawsuit against 3M for supplying military personnel with defective earplugs. She also represents Marine Corps veterans who developed cancer and other serious conditions after consuming contaminated water at Camp Lejeune between 1953 and 1987.

Beth Burke is personal injury lawyer of the year in Charleston, S.C.

 

Here is the full list of RPWB attorneys on the 2023 edition of The Best Lawyers in America®:

Mount Pleasant, S.C.

Nina Fields Britt – Mass Tort/Class Actions Litigation

Beth Burke – Mass Tort/Class Actions, Personal Injury & Product Liability Litigation

Jerry Evans – Mass Tort/Class Actions & Product Liability Litigation

Kim Keevers Palmer – Mass Tort/Class Actions Litigation

Greg Lofstead – Product Liability & Mass Tort/Class Actions Litigation

Christiaan Marcum – Mass Tort/Class Actions & Product Liability Litigation

Tom Rogers – Medical Malpractice Law & Personal Injury Litigation

Hoyt Rowell – Healthcare Law & Mass Tort/Class Actions Litigation

Chris Tuck – Mass Tort/Class Actions, Product Liability Litigation & Qui Tam Law

Ed Westbrook – Mass Tort/Class Actions Litigation

Bobby Wood – Mass Tort/Class Actions & Product Liability Litigation

Charleston, S.C.

Michael Brickman – Antitrust Law, Mass Tort/Class Actions & Securities Litigation

Charles Patrick, Jr. – Mass Tort/Class Actions & Product Liability Litigation

Aiken, S.C.

Dave Butler – Personal Injury & Product Liability Litigation

Ken Wilson – Personal Injury & Product Liability Litigation

Edwardsville, Ill.

Jena Borden – Mass Tort/Class Actions & Product Liability Litigation

Ones to Watch

Three younger attorneys at the firm are recognized as “Ones to Watch,” a distinction for up-and-coming attorneys.

  • Chuck Dukes is listed for antitrust law, commercial litigation, mass tort/class action litigation, personal injury litigation and product liability litigation.
  • Matt Nickles is honored for personal injury and product liability litigation.
  • TAC Hargrove was selected for commercial litigation following his work on litigation associated with the failed V.C. Summer nuclear expansion project.

About Best Lawyers

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. More than 116,000 industry leading lawyers are eligible to vote (from around the world), and we have received more than 17 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2023 edition of The Best Lawyers in America®, more than 12.2 million votes were analyzed. Lawyers are not required nor allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor.

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With a New Law, Camp Lejeune Water Contamination Victims Finally Have Legal Recourse

For more than 30 years, the drinking water at Marine Corps Base Camp Lejeune was contaminated with a cocktail of dangerous toxins linked to cancer, leukemia, Parkinson’s disease and other serious medical conditions. Now after intense lobbying by veteran’s groups and others, victims of Camp Lejeune’s contaminated water have legal recourse for compensation.

On Wednesday, the bi-partisan Honoring Our PACT Act of 2022 was signed into law. This law, which includes the Camp Lejeune Justice Act, allows veterans and their family members who developed cancer and other serious conditions to seek financial compensation from the federal government. Victims of water contamination at Camp Lejeune will have two years to file suit.

RPWB lawyers represent Camp Lejeune water contamination victims and are investigating new cases. We are seeking veterans and their family members who spent at least 30 days at Camp Lejeune between 1953 and 1987, and developed any of the following conditions: Parkinson’s disease, end-stage renal disease, kidney cancer, kidney damage, leukemia, liver cancer, multiple myeloma, non-Hodgkin’s lymphoma, scleroderma, systemic sclerosis and major cardiac birth defects. Our firm has a wealth of experience in representing veterans, including serving in leadership of the national 3M earplugs lawsuit. Please contact us for a free, no obligation case review to discuss your new legal options.

What does this new Camp Lejeune water contamination law actually do?

With the passage of the Honoring Our Pact ACT, the federal government acknowledges the health effects caused by decades of water contamination at Camp Lejeune and provides compensation to people who developed serious diseases after drinking the water at Camp Lejeune between 1953 and 1987. The law allows victims to demand compensation, first in an administrative process and then in Federal Court in the Eastern District of North Carolina if the claim is not settled administratively.

In addition to the new legal recourse for Camp Lejeune water victims, the Honoring Our PACT Act greatly expands the services provided by the VA to veterans harmed by toxic substances in other instances. Click here to visit the VA website to learn more about the law and new benefits owed to veterans.

What was in the water at Camp Lejeune?

For three decades, routine water testing at Camp Lejeune showed unacceptable levels of toxins such as Benzene, Tetrachloroethylene (PCE), Trichloroethylene (TCE), Trans-1,2-dichloroethylene (DCE), and vinyl chloride. These substances are known to cause a host of medical problems, including: Parkinson’s disease, end-stage renal disease, kidney cancer, kidney damage, leukemia, liver cancer, multiple myeloma, non-Hodgkin’s lymphoma, scleroderma, systemic sclerosis and major cardiac birth defects. Many thousands of people bathed in and consumed this contaminated water while assigned to Camp Lejeune.

Click here for more information about the source of the Camp Lejeune water contamination.

How do I join the Camp Lejeune lawsuit?

Action is required for you to join the Camp Lejeune water contamination lawsuit. RPWB would be honored to represent you and your family as we seek compensation for Camp Lejeune water victims nationwide. RPWB’s attorneys proudly represent our current and former military heroes. In addition to our efforts to help people who suffered from health effects caused by contaminated drinking water on Camp Lejeune, our attorneys also represent many service personnel and veterans who developed hearing loss as a result of faulty 3M earplugs. In fact, RPWB serves in leadership capacity of the national lawsuit.

RPWB is a 2022 U.S. News Best Law Firm and is the top-listed product liability law firm in South Carolina according to Best Lawyers. We have a reputation for successfully handling complex litigation that benefits people harmed through no fault of their own.

If you or a loved one spent time at Camp Lejeune and developed Parkinson’s disease, end-stage renal disease, kidney cancer, kidney damage, leukemia, liver cancer, multiple myeloma, non-Hodgkin’s lymphoma, scleroderma, systemic sclerosis and major cardiac birth defects, please contact us without delay for a free, no-obligation case review. You may call us 24/7 at 1-866-639-0366 or fill out the form below.

Start your free Camp Lejeune lawsuit case review

Did you or your loved one live, work or serve at Camp Lejeune?
Were you or your loved one diagnosed with a health condition you believe was the result of contaminated water?
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Congress Passes Camp Lejeune Water Contamination Law

Over a 34-year period, many thousands of Marines and their families were exposed to dangerous water contamination at Marine Corps Base Camp Lejeune. After a long wait, justice may finally be in sight.

Congress approved bi-partisan legislation on Tuesday night that will clear the way for veterans and their families to seek compensation in federal court for health problems caused by decades of water contamination at Camp Lejeune in North Carolina.

The Honoring our PACT Act of 2022 is expected to be signed into law by President Biden, and will mark a major expansion of veterans’ healthcare. In addition to the well-publicized help for burn pit victims, it includes provisions that allow veterans and their families to seek financial compensation for cancer or other serious illnesses caused by consuming contaminated water at Marine Corps Base Camp Lejeune between 1953 and 1987.

If you served, lived, or worked at Camp Lejeune for at least 30 days during that time period and subsequently developed cancer, Parkinson’s Disease, or a number of other serious conditions, you may be eligible for financial relief. The new law will enable veterans and their families to file suit in federal court in the Eastern District of North Carolina.

RPWB attorneys are proud to represent current and former members of our nation’s armed forces, including those harmed by dangerous water contamination at Camp Lejeune. Our law firm is investigating potential cases on behalf of men and women who served, lived, or worked at Marine Corps Base Camp Lejeune, North Carolina, between August 1, 1953, and December 31, 1987, for at least 30 days and subsequently developed cancer or other serious medical issues.

Water testing at Camp Lejeune in the 1980s revealed the presence of several toxic substances in the water. The main pollutants in Camp Lejeune’s water from 1957 to 1987 were Tetrachloroethylene (PCE) and Trichloroethylene (TCE). Exposure to these substances can cause such cancers as kidney cancer, non-Hodgkin lymphoma, multiple myeloma, leukemia, liver cancer and bladder cancer.  Exposure can also lead to Parkinson’s disease, systemic sclerosis/scleroderma and major cardiac birth defects. Many thousands of people bathed in and consumed contaminated water while assigned to Camp Lejeune.

Click here for more information about Camp Lejeune Water Contamination Lawsuits.

If you or a loved one spent time at Camp Lejeune and developed any of the above health conditions, you may have a claim. Please contact us without delay for a free, no-obligation case review.

Start your Camp Lejeune Water Contamination Case Review

Did you or your loved one live, work or serve at Camp Lejeune?
Were you or your loved one diagnosed with a health condition you believe was the result of contaminated water?
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Or call us toll-free 24/7 at 1-866-639-0366

RPWB Helps Our Military Heroes

RPWB’s attorneys proudly represent our current and former military heroes. In addition to our efforts to help people who suffered from health effects caused by contaminated drinking water on Camp Lejeune, our attorneys also represent many service personnel and veterans who developed hearing loss as a result of faulty 3M earplugs. In fact, RPWB serves in leadership capacity of the national lawsuit.

RPWB is a 2022 U.S. News Best Law Firm and is the top-listed product liability law firm in South Carolina according to Best Lawyers. We have a reputation for successfully handling complex litigation that benefits people harmed through no fault of their own.

If you or a loved one spent time at Camp Lejeune and developed kidney cancer, non-Hodgkin lymphoma, multiple myeloma, leukemia, liver cancer, bladder cancer, systemic sclerosis/scleroderma, Parkinson’s disease, kidney disease or major cardiac birth defects, please contact us without delay for a free, no-obligation case review. You may call us 24/7 at 1-866-639-0366 or use the form on this page.

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Camp Lejeune Water Contamination Law Close to Passing, Would Finally Bring Justice to Veterans and their Families

A bill that is close to becoming law could finally provide justice and financial relief to veterans and their families for health problems caused by water contamination at Camp Lejeune in North Carolina.

The bi-partisan Honoring our PACT Act of 2021 has passed both the U.S. Senate and the House of Representatives. It was sent back to the House for an additional vote before heading to the President’s desk for his signature. If enacted into law, Congress would create a monetary fund for individuals who lived or worked at Camp Lejeune between August 1953 and December 1987 and can demonstrate they were harmed by water contamination.

If you served, lived, or worked at Camp Lejeune for at least 30 days during that time period and subsequently developed cancer, Parkinson’s Disease, or had a miscarriage, you may have a claim if the new law passes.

RPWB attorneys are proud to represent current and former members of our nation’s armed forces, including those harmed by dangerous water contamination at Camp Lejeune. Our law firm, along with our North Carolina-based co-councel at WWPEM Law Firm in Tabor City, N.C.*, are investigating potential cases on behalf of men and women who served, lived, or worked at Marine Corps Base Camp Lejeune, North Carolina, between August 1, 1953, and December 31, 1987, for at least 30 days and subsequently developed cancer or other serious medical issues.

Water testing at Camp Lejeune in the 1980s revealed the presence of several toxic substances in the water. The main pollutants in Camp Lejeune’s water from 1957 to 1987 were Tetrachloroethylene (PCE) and Trichloroethylene (TCE), but also included Benzene, Trans-1,2-dichlorethylene (DCE) and vinyl chloride.

These chemicals are not only toxic but also are known to be carcinogenic. Exposure to these substances routinely found in Camp Lejeune’s water supply can cause such cancers as kidney cancer, non-Hodgkin lymphoma, multiple myeloma, leukemia, liver cancer, lung cancer, bladder cancer, breast cancer, and esophageal cancer.  Exposure can also lead to other diseases and health conditions such as Parkinson’s disease, infertility, miscarriage, renal toxicity, scleroderma, myelodysplastic syndromes and hepatic steatosis.

Click here for more information about Camp Lejeune Water Contamination Lawsuits.

If you or a loved one spent time at Camp Lejeune and developed any of the above health conditions, you may have a claim. Please contact us without delay for a free, no-obligation case review.

Start your Camp Lejeune Water Contamination Case Review

Did you or your loved one live, work or serve at Camp Lejeune?
Were you or your loved one diagnosed with a health condition you believe was the result of contaminated water?
Disclaimer

Or call us toll-free 24/7 at 1-866-639-0366

RPWB Helps Our Military Heroes

RPWB’s attorneys proudly represent our current and former military heroes. In addition to our efforts to help people who suffered from health effects caused by contaminated drinking water on Camp Lejeune, our attorneys also represent many service personnel and veterans who developed hearing loss as a result of faulty 3M earplugs. RPWB serves in leadership capacity of the national lawsuit.

RPWB is a 2022 U.S. News Best Law Firm and is the top-listed product liability law firm in South Carolina according to Best Lawyers. We have a reputation for successfully handling complex litigation that benefits people harmed through no fault of their own, including complicated environmental and product liability matters.

If you or a loved one spent time at Camp Lejeune and developed kidney cancer, non-Hodgkin lymphoma, multiple myeloma, leukemia, liver cancer, bladder cancer, breast cancer, esophageal cancer, Parkinson’s disease or a miscarriage, please contact us without delay for a free, no-obligation case review.

* RPWB attorneys are not licensed to practice in North Carolina and are working on Camp Lejeune cases with our co-counsel: Wright, Worley, Pope, Ekster and Moss, PLLC of Tabor City, N.C.

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RPWB Helped Doctors Get Refunds for Non-Conforming Records Software

RPWB attorneys played a leading role in more than 5,000 doctors’ offices receiving refunds for being misled about their electronic medical record software qualifying for Medicare and Medicaid incentives.

For years, Greenway Health sold software it claimed was certified under the federal government’s “Meaningful Use” program. That program includes financial incentives designed to reward physicians for choosing electronic medical record software that uses a standardized format designed to cut down on human error, easily be shared by multiple health providers and simplify the claims process.

The class action lawsuit against Greenway Health was filed in 2019 on behalf of physician offices that purchased the software. Over the course of the suit, extensive discovery was conducted, including more than a million pages of exchanged information.

It became clear the company was aware of flaws in its software and had designed the software in a manner that appeared to pass the federal government’s tests even though it did not have the functionality required.

In the end, a settlement was reached in 2021 that refunded thousands of doctors throughout the country. Not a single class member objected to the settlement, and the checks were disbursed earlier this year.

“The software is incredibly expensive and the switching costs for a doctor’s office are quite high,” said RPWB attorney Jim Bradley, one of the attorneys who litigated the case. “We were pleased that we could return money to these physician offices to compensate them for being sold a product that did not meet the stated specifications.”

In addition to Bradley, RPWB attorneys Michael Brickman, Nina Fields and Caleb Hodge served as class counsel in the lawsuit against Greenway Health.

 

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Federal Court Certifies Fair Labor Standards Act Collective Action Against Las Vegas Restaurant

A federal district court has authorized notice to current and former employees of the Boiling Crab restaurant in Las Vegas, Nevada who were employed at any time between March 23, 2018 and October 26, 2020.  The notice permits current and former workers to opt-in to the pending litigation alleging that employees were improperly denied compensation from an illegal tip pool policy.  Those who participated in the tip pool include servers, bus-runners, hosts/hostesses, cashiers and To-Go employees.

In the lawsuit, filed on October 7, 2020, Plaintiffs allege that the Boiling Crab restaurant violated the Fair Labor Standards Act by improperly requiring employees to share tips with employees referred to as DSLs (alternatively referred to as shift leads, working leads, designated shift leads, daily shift leads, daily server leads, and leads on duty).

The litigation, known as Joseph McDougall and Austin Wallace v. The Boiling Crab Vegas, LLC, No. 2:20-cv-01867-RFB-NJK, is pending in the U.S. District Court for the District of Nevada. The Honorable Richard F. Boulware is assigned to the case.

The notice and consent documents were mailed to workers on March 15, 2022.  To join this action, current or former employees may opt-in to the lawsuit by mailing the Consent to Join FLSA Collective Action form by May 29, 2022.

The workers are represented by T. Christopher Tuck, Robert S. Wood, D. Charles Dukes, and T.A.C Hargrove, II of Rogers, Patrick, Westbrook & Brickman, LLC.

Pursuant to Order by the federal district court, a reminder notice postcard was mailed to eligible current and former employees on April 29, 2022.

Any worker needing more information or a copy of the opt-in Consent to Join FLSA Collective Action should contact Barbara Carter at [email protected] or call the firm at 843.727.6500.  You may also download the documents by clicking the link below.

Plaintiffs’ Notice of Fair Labor Standards Act Coll. Action

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