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Case ID: 4837 | Employment | 06/07/2006
NorthWestern Corporation d/b/a NorthWestern Energy reached a preliminary settlement agreement with the City of Livonia Employees' Retirement System regarding a class action lawsuit filed in November 2005.
If approved by the judge, the proposed agreement would essentially end all legal action related to the lawsuit filed by the City of Livonia Employees' Retirement System. NorthWestern and its Board of Directors, who were named as defendants, as part of the settlement, continue to deny the Plaintiff's allegations related to the company's response to various unsolicited acquisition offers in 2005. The preliminary agreement notes that NorthWestern will redeem the existing Stockholder Rights Plan either following stockholder approval of the Agreement and Plan of Merger with BBI or upon termination of the Merger Agreement with BBI -- whichever occurs first. The Board may adopt a new stockholder rights plan if the company's stockholders approve adoption of such a plan in advance or, in the event that circumstances require timely implementation of such a plan, the Board seeks and receives approval from stockholders within 12 months after adoption. The settlement does not offer a financial award to either party, and NorthWestern will contest any request for reimbursement of legal fees or other expenses related to this case. The lawsuit is not accepting new plaintiffs. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Employment Cases of Interest A class action lawsuit has been filed in the Eastern District Court of New York against Diego Construction, Inc. for violations of the Fair Labor Standards Act (FLSA). Class members seek unpaid overtime compensation, costs and attorney’s fees. Kahn Gauthier Swick is investigating possible legal actions on behalf of persons harmed by exposure to asbestos. It is estimated that half a million legal actions have been filed to recover for injuries and deaths resulting from asbestos. A class action has been filed against MSC Development, Inc., (MSC), a cosmetic teeth whitening company in Fort Worth, Texas and its President and Director, by a former employee who alleges that she was not paid overtime hours according to the Fair Labor Standards Act (FLSA). A collective action has been filed in Florida against the School Board of Broward County, Florida. The action is brought on behalf of all former and current employees who have worked in excess of 40 hours a week, but who have not been paid overtime by the board. The action is brought under the federal Fair Labor Standards Act and is seeking back pay as, statutory damages, liquidated damages and declaratory relief. California law makes it illegal for companies to take away, or "charge back" an employee's commissions in certain circumstances. A class action has been filed against Airtouch Cellular of California, Verizon Wireless Services, LLC, and Cellco Partnership on behalf of current and former Verizon sales employees who have worked in a California-based telemarketing center or retail outlet, alleging that the company compels them to return commissions on failed wireless subscriptions and also fails to calculate overtime pay properly, in violation of California unfair business practices and labor laws.
A nationwide class action has been filed against banking giant Bank One Corporation alleging that the company mismanaged its employees' 401k accounts. The action is brought under the federal ERISA statute on behalf of all Bank One employees who, between March 22, 2002, and the present, participated in the company's 401k retirement plan and whose investments in the plan included Bank One stock or mutual funds.
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