November 17, 2008

Overtime Pay for Interstate Drivers

The Fair Labor and Standards Act, which establishes rules for employers concerning maximum hours and overtime wages, has several clauses that excuse some employers from having to pay time and one-half for overtime wages. One such exemption provides that getting paid time and one-half for overtime hours is not required for any employee with respect to who the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of the Motor Carrier Act (“MCA”).

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November 13, 2008

ADT Alerted to its Own Overtime Violations

On August 28, 2008, a group of current employees sued ADT Security Services, Inc. for failing to pay time and one-half for overtime hours worked, as required by the federal Fair Labor and Standards Act. The employees include those with positions as service and maintenance technicians as well as commercial and residential installers also known as installation technicians.

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November 12, 2008

Forest Agrees to Settle Securities Class Action for $65 Million

On Monday, November 10, 2008, Forest Laboratories, Inc. filed a quarterly report with the Securities and Exchange Commission, revealing that it had agreed in principle to a settlement amounting to $65 million in In re: Forest Laboratories, Inc. Securities Litigation, 05-cv-02827 (S.D. NY).

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September 18, 2008

Simplicity, Inc. Baby Crib Nationwide Recall

The U.S. Consumer Product Safety Commission (CPSC) today, has issued a nation-wide recall of approximately 600,000 cribs sold at “sold by retailers including Wal-Mart Stores Inc., Target Corp., Bain Capital LLC 's Burlington Coat Factory Warehouse Corp. and Babies "R" Us, a unit of Toys "R" Us Inc.”

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September 12, 2008

Wegman’s Grocery Chain Recalls In-Store Made Bagels: Concern Bagels May Contain Pieces of a Metal Spring

The FDA yesterday issued a warning to Consumers concerning a voluntary recall by Wegmans Food Markets, Inc., of “all varieties of its in-store made bagels and bialys (flattened bagels with various toppings, i.e. pizza) sold in the bakery and purchased between August 24 and September 9, 2008.” See the Complete FDA Warning Here.

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August 27, 2008

Celexa and Lexapro Securities Case Set for Trial

The class action In re Forest Laboratories, Inc. Securities Litigation, 1:05-cv-02827 (S.D.N.Y.), has been set for trial on November 3, 2008.

Initiated by a complaint filed in the Southern District Court of New York in March 2005, the action is being prosecuted by class representatives who claim that Forest violated federal securities laws in marketing and promoting its SSRI antidepressants, Celexa and Lexapro, and its Alzheimer’s drug, Namenda. Among other things, the lawsuit alleges that Forest deceived the investing public by hiding the risk of suicidality posed by the antidepressants to the pediatric and adolescent populations and the fact that the antidepressants failed to demonstrate efficacy in treating those populations. The case had originally been set for trial in July 2008, but that trial date was adjourned. In a June 3, 2008 order approving the parties’ class notice stipulation, the court set the trial date for November 3, 2008.

Notably, in Forest’s August 8, 2008 filing with the federal Securities and Exchange Commission, the company disclosed that the only lawsuits currently pending against it other than the securities case are the cases pending in the suicidality MDL, In re Celexa and Lexapro Products Liab. Lit., MDL No. 06-md-01736, and approximately 25 birth defects cases. http://www.sec.gov/Archives/edgar/data/38074/000003807408000019/forest10qjun08.htm