Class Action Roundup – Navient, Essure, USA Diving, Starbucks and More

This week, we have important news on something we’ve been tracking for a while – the birth control device Essure is set to be discontinued in the U.S. Plus: the Department of Education is taking some heat from the Consumer Financial Protection Bureau, a resolution to a Starbucks wage lawsuit, and more in this look at the top stories in class action news.

CFPB Accuses Education Dept. of Impeding Litigation

The proverbial gauntlet has been thrown down, as the Consumer Financial Protection Bureau (CFPB) has accused the U.S. Department of Education of purposefully impeding the litigation brought against Navient. As you may remember, the CFPB sued Navient in early 2017 over alleged violations of consumer protection law – which may have led many students to overpay for their student loans.

Back in the Obama administration, the Education Department and the CFPB agreed that they would share resources in cases that allege violations of consumer protection laws. But with a change in leadership, namely with the appointment of Betsy DeVos as agency head, the Education Department is apparently refusing to cooperate, and has said that the “overreaching” CFPB lacks the authority to oversee federal student loan servicers, the LA Times wrote.

Specifically, the Education Department has reportedly refused to authorize Navient to disclose records that could potentially reveal any harm done to borrowers. With that said, it may be a while before we see a resolution to the Navient debacle.

For more, head over to the LA Times.

No More Essure Birth Control Implants

This one has been a long time coming. By the end of the calendar year 2018, the birth control device Essure will no longer be sold in the U.S., the New York Times writes. If you’ve been following the fight against Essure, you already know that this is a huge deal for those involved, as the implant was the subject of nearly 16,000 lawsuits that claimed it caused adverse health effects for those who used it.

Thousands of women have been forming groups and spreading the word for several years, and finally some actual progress is being made on their behalf.

The New York Times has more on the announcement.

USA Diving – The Latest to Be Accused of Ignoring Sexual Abuse

We’ve seen a few lawsuits like this filed in the past month or so, but the latest accuses USA Diving of ignoring sexual abuse allegations brought by its athletes. Ohio State University and the school’s diving coach are also named in the lawsuit, drawing even more attention to what is becoming a wave of sexual abuse claims coming to light.

According to the lawsuit, Ohio State’s diving coach coerced multiple divers into unwanted sexual conduct – allegedly using their place on the team as leverage if they refused. USA Diving has been accused of ignoring the allegations brought against the coach and failing to protect its athletes.

A spokeswoman from USA Diving said that they take these matters very seriously, but declined to provide further comment.

ESPN has the rest of the story here.

California Supreme Court Rules Starbucks Is Required to Pay Employees for Off-the-Clock Work

A recent ruling handed down by the California Supreme Court now requires Starbucks to pay its employees for work done while they are off the clock—no matter how little time the company thinks workers spend on such tasks. Under the new ruling, Starbucks workers must be compensated for tasks performed after clocking out, such as locking up the store, even if they only take a few seconds or minutes.

While the lawsuit looking to recover compensation for Starbucks shift supervisors is still in progress, this Supreme Court ruling, Bloomberg Law writes, provides a valuable precedent for all employers in California to go by.

More information on the ruling and what sparked the ongoing case can be found over at Bloomberg Law.

NHL Concussion Suit Denied Class Action Status

A Minnesota federal judge has refused to grant class action status to a lawsuit filed against the National Hockey League that claimed the league failed to protect its players from head injuries while actively withholding information about the long-term effects of concussions. Business Insider reports the decision is a major setback to dozens of former NHL players, many of whom reportedly suffer from neurological disorders linked to repeated head trauma.

Despite a similar case filed against the National Football League that ended in a nearly $1 billion settlement, the judge in this case found that the disparities in state laws that govern the different types of medical monitoring sought by the specific players made it too difficult for the case to proceed as a class action.

For more on the decision, Reuters has the scoop.