# Shelton Davis PLLC ## Posts - [Wells Fargo to Pay $577,000 in Whistleblower Claim](https://sheltondavispllc.com/wells-fargo-to-pay-577000-in-whistleblower-claim/): Former Branch Manager Gets Job Back, Along with Back Pay The United States Department of Labor has issued an order requiring banking giant Wells Fargo to rehire a former branch manager and to pay her $577,500 in back wages, saying the company wrongfully terminated the woman in retaliation for reporting misconduct by the bank and its corporate officers. The woman, who worked in a branch in Pomona, California, had reported her concerns that private bankers at Wells Fargo were opening new accounts for customers and setting them up with new bank products without the customers’ knowledge or consent, and without […] - [Appeals Court Revives Whistleblower Claim Against Johnson & Johnson’ DePuy Orthopaedics](https://sheltondavispllc.com/appeals-court-revives-whistleblower-claim-against-johnson-johnson-depuy-orthopaedics/): First Circuit Reverses District Court Dismissal of Doctors’ Claim A federal whistleblower claim, filed by two British orthopedic surgeons, has been reinstated by the 1st United States Circuit Court of Appeals. The lawsuit sought damages under federal False Claims Act, alleging that DePuy and its parent company, Johnson and Johnson, sold defective hip implant to doctors who then sought reimbursement from the federal government through Medicaid and other programs. The trial judge had thrown out the lawsuit, concluding that the litigants had failed to show a specific instance of fraud. The Circuit Court disagreed with that ruling, saying that the plaintiffs […] - [Will Opioid Litigation Be the Next Tobacco Litigation?](https://sheltondavispllc.com/will-opioid-litigation-be-the-next-tobacco-litigation/): The state of Mississippi has joined the city of Chicago, the state of Ohio and counties in California and New York, filing a lawsuit against manufacturers of opioid pharmaceutical products, contending that drug manufacturers intentionally and systematically deceived the public as to known health risks, and simultaneously overstated their benefits. According to statistics gathered by attorneys for the plaintiffs, nearly 20,000 people died in the United States in 2014 as a result of opioid overdoses. They say there is an epidemic of addiction tied to such drugs as OxyContin, Opana,Percodan, Vicodin and Percocet, which they say act much like heroin […] - [DePuy Hip Implant Case Headed for Appeal](https://sheltondavispllc.com/depuy-hip-implant-case-headed-for-appeal/): Johnson & Johnson Seeks to Overturn $498 Million Verdict Pharmaceutical giant Johnson & Johnson has appealed the verdict of a Texas jury awarding five plaintiffs $498 million in a lawsuit alleging injury caused by DePuy’s metal-on-metal hip implants. All five litigants were Texas residents. The original verdict in case, the second of ten “bellwether” cases involving the DePuy Pinnacle implant, included approximately $140 million in compensatory damages and around $360 million in punitive damages. The trial judge subsequently reduced the damage award to about $150 million. Johnson & Johnson, currently facing approximately 9,000 similar claims based on the injuries caused […] - [Mississippi Whistleblowers Going to U.S. Supreme Court](https://sheltondavispllc.com/mississippi-whistleblowers-going-to-u-s-supreme-court/): Sisters Reported Abuse of Federal Flood Program by State Farm Two sisters from Mississippi are headed to the U.S. Supreme Court to protect a verdict they won against insurance giant State Farm. Cori and Kerri Rigsby, who both worked as claims adjusters for the company in the aftermath of Hurricane Katrina, successfully demonstrated at trial that State Farm assessed a policy limit of $250,000 to the federal flood program while paying far less to settle a claim for one of its policyholders. It also appeared that State Farm sought reimbursement from the federal flood insurance program for losses that were […] - [Federal Regulators Knew of Hundreds of Wells Fargo Whistleblower Complaints](https://sheltondavispllc.com/federal-regulators-knew-of-hundreds-of-wells-fargo-whistleblower-complaints/): Report Says Office of the Comptroller of the Currency Failed to Follow Up on Allegations According to a report published last month, the federal agency responsible for monitoring and regulating the nation’s biggest banks failed to take appropriate steps in response to more than 700 Whistleblower complaints filed by employees of Wells Fargo. The whistleblower complaints were tied to a massive scheme whereby Wells Fargo employees opened accounts for the bank’s customers without the customers’ knowledge or consent. An investigation showed that upper level management had put pressure on branches and branch managers to engage in “cross-selling,” a practice where […] - [Apple Faces Product Liability Claim Tied to iPhone 6](https://sheltondavispllc.com/apple-faces-product-liability-claim-tied-to-iphone-6/): AT&T Also Named as Defendant It appears that it’s not just Samsung smartphone products that pose exploding battery risks. A number of iPhone users have reported injury or property damage when the iPhone 6 has either exploded or burst into flames. A woman in Palm Harbor reported in January, 2017 that her iPhone 6 Plus exploded and caught on fire while charging on a night stand beside her bed. She told authorities that the force of the explosion shattered the glass face of the phone and ejected the display from the housing. The conflagration also damaged her comforter, pillow case […] - [What To Do After a Motor Vehicle Accident](https://sheltondavispllc.com/what-to-do-after-a-motor-vehicle-accident/): Protecting Your Health and Your Rights You’ve just been involved in a motor vehicle accident, caused by the carelessness or negligence of another person. You’ll have the right to file a lawsuit to recover for any physical injuries, as well as property damage. What steps should you take to ensure that your rights are fully protected? Get the Medical Care You Need The most important thing, in the immediate aftermath of a car accident, is to ensure that you get the care you need as soon as possible. First, the sooner you get care, the better your chances of a […] - [Understanding Your Rights in a Qui Tam Action](https://sheltondavispllc.com/understanding-your-rights-in-a-qui-tam-action/): “Whistleblower” Actions under the False Claims Act Do you know someone who’s been cheating on his taxes? A person who’s been wrongfully collecting Medicaid or Medicare or illegally obtaining other government benefits? If so, you may be able to file a form of whistleblower action known as a “qui tam” lawsuit, whereby you’ll be entitled to a portion of whatever the government recovers from the person committing the fraud. Here’s how it works. Under the federal False Claims Act, enacted in 1863 (also known as the “Lincoln Law”), a citizen who successfully reports fraud on the government may be entitled […] - [The Different Types of Product Liability Claims](https://sheltondavispllc.com/the-different-types-of-product-liability-claims/): Negligent Design | Negligent Manufacturing | Negligent Marketing When you buy a product at a retail or wholesale outlet, you expect that the manufacturer has conducted reasonable testing to ensure that the product does not pose an unreasonable risk of injury. Unfortunately, with the intense competition to be the first to market, many products are made available to consumers without a clear understanding of the dangers associated with them. When you have been hurt while using a product or because of exposure to a product, you may have a right to file suit to recover compensation for any losses sustained. […] - [Your Rights When Your Employer is Engaged in Wrongful Conduct](https://sheltondavispllc.com/your-rights-when-your-employer-is-engaged-in-wrongful-conduct/): State Whistleblower Laws and Federal Qui Tam Protect Rights of Workers Here is an interesting dilemma – What do you do if you learn that your employer is cheating Medicare or Medicaid? On the one hand, you do not want any part of the wrongful conduct. On the other hand, you may worry that if you report the conduct you may get fired, or become the target of retaliatory conduct, such as a demotion or an undesirable job assignment. Here is the good news: State and Federal law encourage you to report Medicare and Medicaid fraud in two important ways. […] - [Government Contractor Pays $5 Million to Settle Claim Involving Disabled Veterans](https://sheltondavispllc.com/government-contractor-pays-5-million-to-settle-claim-involving-disabled-veterans/): The U.S. Attorney’s Office for the Northern District of New York has announced a settlement in a case involving a government contractor in Syracuse, New York, with the contractor agreeing to pay $5 million plus interest to resolve allegations that company officials conspired to violate federal laws the protect veterans injured on active duty. The company, Hayner Hoyt Corporation, its affiliates Le Moyne Interiors and Doyner, Inc., and a number of its employees, had been the target of an investigation jointly conducted by the U.S. Attorney’s Office and the Office of Inspector General at the Department of Veterans Affairs. 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