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Case ID: 4885 | Employment | 07/28/2006
A class-action suit was filed in the U.S. District Court of Arizona alleging that CareMark Rx, Inc. intentionally concealed revenue in order to avoid paying certain commissions owed to consultants who marketed and sold its services.
According to the complaint, CareMark engages consultants to market and sell its services to health plan sponsors and plan participants. If an entity contracts with CareMark to use its pharmaceutical services, the consultant is entitled to either a percentage of the total revenue -- including administrative fees -- or a set rate for each drug purchased. The complaint states that CareMark failed to honor the plain language of the consulting contracts by not paying commission based on total revenues and instead paying commission based on only partial revenues. According to named plaintiff Jan Peck, CareMark intentionally failed to report total revenues earned from four companies she brought to two of CareMark's predecessors. "I brought a great deal of business to companies Caremark purchased, and Caremark did its best to under-report that revenue, knowing it would affect my commissions," said Peck. "CareMark negotiated new contracts with the customers and then hid the revenue as separate administrative fees." Peck estimates she is owed between $25 and $50 million in under-reported revenue commission. Allegations against Caremark include, among other things, breach of contract, breach of good faith and fair dealings, and misrepresentation. The proposed class-action suit includes all persons who contracted with CareMark -- or any entity acquired by CareMark -- to sell or market formulary services whose compensation was based on a percentage of revenue generated by clients they brought to CareMark or its predecessors, received a set rate for each qualifying drug purchased by these companies, or a combination of both methods. The suit seeks compensatory and punitive damages, interest on all owed money to members of the class, and a release of all revenue information earned under the consulting agreement. 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 Federal law is often criticized as being overly complex, but that complexity only reflects the nature of our society. The class has been certified in an action filed against AXA Network, LLC, and the Equitable Life Assurance Society of America on behalf of all current, former, and retired Equitable agents who show (a) lost eligibility for benefits under any Equitable ERISA plan during any period on or after January 1, 1999, because of the application of the policy adopted by Equitable of using compliance with specified sales goals as the test of a "full time life insurance salesman" or (b) remain subject to losing such benefits in the future because of the potential application to them of that policy. A collective action has been filed in South Carolina against the Richland School District Two. 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 school district. The action is brought under the federal Fair Labor Standards Act and is seeking back pay as damages. A class action lawsuit has been filed in the Middle District Court of Florida against Stewart Enterprises, Inc., a Louisiana corporation doing business in Hillsborough County, Florida as a provider of funeral, cemetery and cremation services. The class alleges violations of the Fair Labor Standards Act (FLSA) and seeks overtime compensation, liquidated damages, attorney's fees and costs. A class action lawsuit has been filed in U.S. District Court for the Southern District of Florida against Phil-Coop, Inc. The case involves violations of federal labor law. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. Mel McLean, owner of the Eel River Sawmills, and his wife Grace, had no children around 1988 when they created an Employee Stock Ownership Plan, according to background information in the lawsuit’s fourth amended complaint. The McLeans intended and promised to pass the majority ownership of Eel River Sawmills to its employees through the plan, the lawsuit stated.
“If the promise had been kept, the employees would have had a majority ownership of the company and the dollar value of the company at the time of (owner Mel McLean’s) death appears to have been well in excess of $25 million,” the attorney for the plaintiffs said. A class action has been filed against Mack Construction Services, Inc. (Mack) and its owners for allegedly violating the Fair Labor Standards Act (FLSA). The complaint alleges that the Company is subject to the provisions of the FLSA, knew that they must pay their employees overtime compensation, required employees to work overtime, but did not pay for overtime hours worked. |
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