Class Action Litigation

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My brother was a construction worker in Louisville back in the 1980s, and he has just been diagnosed with advanced mesothelioma. I understand that there is very little chance that he will live for even 5 more years. Should my sister-in-law file a lawsuit?

She should speak with an attorney right away. According to The Mesothelioma Center, states place a rather short time limit on how long after diagnosis a claim may be filed. Most attorneys offer a free consultation and work on a contingency basis, meaning that they…

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I am one of the plaintiffs in a class action lawsuit in Louisville, and the defendant is pushing to settle out of court. Won’t we get more in damages if we take this all the way to court?

You may get more in damages—if the judge rules in your favor—but let’s say the defendant loses and decides to appeal the decision. The appeals process could take years, so it will be a very long time before you and the other plaintiffs receive any…

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I hear that a lot of women are experiencing serious medical problems from the NuvaRing. I wonder—should I stop using it even if I don’t have any problems?

You should talk to your Kentucky ob/gyn about any concerns you have. You should also be aware of the indications of a possibly serious problem. The following list of warning symptoms related to NuvaRing use appears on Merck’s NuvaRing website. Sharp chest pain, coughing blood,…

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I am the named plaintiff in a class action lawsuit in Kentucky. I just heard that the Supreme Court is considering revising class action laws. What’s it all about?

The U.S. Supreme Court agreed on August 31 to review a case in which Travelers’ Standard Fire Insurance is accused of “failing to fully reimburse losses.” An Arkansas judge ruled that Travelers could not move the case to federal court because the plaintiffs stated that…

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My employer in Louisville has given me a bunch of new “executive” duties that I’m sure will take me over 40 hours a week, but he says I won’t get overtime because he’s changing me to being a salaried employee. Is this legal?

That depends on a number of factors. The Fair Labor Standards Act (FLSA) states that exempt executive job duties include all of the following: You regularly supervise at least two other employees; Management is the primary focus of your job; and You influence the job…

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Am I bound by a settlement or judgment of a class action?

Yes, if the court decides the underlying legal proceedings were fair, then all class members who are absent are generally bound by the judgment or settlement of a case. But, if the lawsuit is primarily to recover money, then absent class members are entitled to…

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