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Archive for the category “Featuring the Firm!”

Myriad Genetics (MYGN) And American Airlines Group (AAL); Active Concerns Wondering Movers

The Melissa Chinery and Laura Medlin cases against American Airlines, cases currently being litigated by my firm, the Law Office of Faye Riva Cohen, P.C., have been featured in an article entitled Myriad Genetics (MYGN) And American Airlines Group (AAL); Active Concerns Wondering Movers, by Richard Avery and originally published in Streetwise Report on March 14, 2017, which can be found here.

You can also read it here:

Shares of Myriad Genetics, Inc. (NASDAQ:MYGN) [Trend Analysis] runs in leading trade, it moving up 1.86% to traded at $19.67. The firm has price volatility of 2.67% for a week and 3.36% for a month. Its beta stands at 0.38 times. Myriad Genetics, Inc. (MYGN) reported that it has launched the EndoPredict test in the United States for patients with ER+ HER2- early-stage breast cancer. EndoPredict is a second-generation test for assessing the 10-year risk of disease recurrence following surgery and for determining which patients can safely forgo adjuvant chemotherapy.

“Recently’s launch strengthens our oncology product portfolio and represents a meaningful advancement in the treatment of patients with breast cancer,” said Lloyd Sanders, general manager, Oncology, Myriad Genetic Laboratories. “Along with our best-in-class tests for hereditary cancer and our companion diagnostics, the launch of EndoPredict underscores our commitment to pioneering science, personalized medicine and patient care.” Narrow down four to firm performance, its weekly performance was 2.18% and monthly performance was 21.87%. The stock price of MYGN is moving up from its 20 days moving average with 5.86% and isolated positively from 50 days moving average with 14.21%.

Several matter pinch shares of American Airlines Group Inc. (NASDAQ:AAL) [Trend Analysis], as shares moving down -3.49% to $42.37 with a share volume of 8.85 Million. Two flight attendants are suing American Airlines over harassing Facebook messages posted by male co-workers. The women say American failed to enforce its policy prohibiting employees from making insults or disparaging comments about co-workers on social media. They are claiming sex discrimination and sexual harassment, and are seeking unspecified damages.

An American spokesman said Monday that the lawsuits have no merit. American is headquartered in Fort Worth, Texas. One of the flight attendants, Melissa Chinery of Philadelphia, said after announcing that she was seeking a union position she was harassed by a group of male flight attendants and called obscene names. She said confidential information about her was posted. The other flight attendant, Laura Medlin, based in Charlotte, North Carolina, described similar harassment after resigning from a union position. The stock is going forward its 52-week low with 71.83% and moving down from its 52-week high price with -16.14%. To have technical analysis views, liquidity ratio of a company was calculated 0.70 as evaluated with its debt to equity ratio of 6.43. The float short ratio was 5.60%, as compared to sentiment indicator; Short Ratio was 4.37.

 

American Airlines Faces Workplace Harassment Lawsuits

Faye Riva Cohen, Esquire has been featured in an article entitled American Airlines Faces Workplace Harassment Lawsuits , by the Savvy Stews Staff and originally published in Savvy Stews on March 6, 2017, which can be found here.

You can also read it here:

Workplace harassment complaints at American Airlines are mounting as the news of two lawsuits filed in United States District Court Eastern District of Pennsylvania have surfaced.

Workplace Harassment Spreads to Social Media

Chinery v American Airlines (June 2016) claims harassment and gender discrimination by a group of Philadelphia-based male flight attendants which ignited on social media during a union campaign where the plaintiff sought election.

Chinery claims an ongoing pattern of harassment and a hostile work environment at American Airlines where she was subject to defamatory comments and gender-based harassment such as being called, among other things, a “cunt.”

She filed a complaint with American Airlines Human Resources which, the lawsuit alleges, was largely ignored.

American Ignored Complaints

In a letter from Ana Burke-Leon, Sr. Specialist, International Human Resources at American Airlines, who was assigned to investigage the complaint, Chinery was told the matter had been closed.  Burke-Leon wrote, “though the facts do not support a harassment claim, I can tell you that the appropriate action has been taken to ensure that such conduct does not repeat itself.” It seems Ms. Burke-Leon may have spoken too soon.
The complaint alleges Chinery then faced retaliation which included threats of discipline and repeated drug and alcohol tests.  Chinery later discovered there had been no action taken by management regarding her complaint until months after she was told the matter was resolved.

More Harassment Complaints Emerge

In November, 2016, another suit was filed.  Medlin v. American Airlines, which alleges a campaign of online social media and workplace harassment including threats, slander and defamation of character. Medlin also experienced having her repeated requests for help through human resources ignored.
Both Chinery and Medlin were assigned to Miami-based HR Specialist Dan Cleverly. Their complaints were left unanswered for more than three months. Cleverly eventually responded to Medlin’s complaint and addressed the delayed response by stating — “I’m very sorry about that. I clearly missed it.”

Perpetrators Receive Promotions and Special Assignments

The suit alleges “similarly situated male flight attendants were not subjected to the same harassment via social media.” Two of the men named in the complaint have since enjoyed promotions to various positions in the training department and elite committee and special assignment positions.  Both men continue their heavy social media presence often using profanity and acting in violation of the airline’s social media policy.
Sources say at least eleven women have claimed to have been bullied and harassed by these particular men, yet American doesn’t seem to be addressing the situation.
Chinery and Medlin are represented by David Koller and Faye Riva Cohen of Philadelphia.

We’ll provide updates as court records are updated.

American Flight Attendant Called ‘Sow’ Claims Bias Via Facebook (featuring Faye Riva Cohen, Esquire!)

Faye Riva Cohen, Esquire has been featured in an article entitled American Flight Attendant Called ‘Sow’ Claims Bias Via Facebook, by Patrick Dorrian and originally published in Bloomberg BNA on November 3, 2016, which can be found here.

You can also read it here:

Male flight attendants with American Airlines sexually harassed a female colleague via social media, including calling her a “sow,” a lawsuit filed in federal court in Pennsylvania claims ( Medlin v. Am. Airlines , E.D. Pa., No. 2:16-cv-05708, complaint filed 11/1/16 ).

Laura Medlin says the “campaign of harassment” started after she resigned from a union position and that it was carried out over various social media outlets, including Facebook. She complained to human resources about the harassment, but the company neglected to enforce its social media use policy for employees, despite her repeated requests, and apparently never disciplined the workers who harassed her, Medlin alleges.

Discrimination against employees via social media, including sexual and other harassment, is an issue that has caught the attention of federal enforcement authorities, and it exposes employers to potential monetary and other legal liability. The Equal Employment Opportunity Commission, the federal agency that enforces workplace discrimination laws, held a meeting on the issue in March 2014.

An employee rights attorney said during the meeting that personal social media accounts can sometimes play a part in workplace harassment.

“The issue is further complicated as more employers use a ‘Bring Your Own Device’ policy, in which they require or expect employees to use personal laptops, smartphones, or other technology while on the job,” Lynne Bernabei of Bernabei & Wachtel PLLC in Washington told the EEOC.

Policy Not Enforced, Plaintiff Charges

According to the complaint, American’s social media policy warned employees to be aware of their off-duty conduct and to show respect for co-workers when using social media, including refraining from making disparaging comments. The policy further warned that employees should avoid publicly posting anything that could potentially embarrass the employee or the airline.

Despite the policy, a group of male flight attendants in Philadelphia took to Facebook and other outlets to harass Medlin by calling her names and making disparaging comments about her, the complaint alleges. Male co-workers were not similarly harassed via social media, according to the complaint.

Medlin says she sent an e-mail to human resources in May 2015 complaining about the harassment, but never received a response. Further contact with HR in September 2015 resulted in her leaving a voicemail that wasn’t returned for two weeks. Even then, the HR specialist simply apologized for not getting back to her sooner and said he would be in touch “shortly,” the complaint asserts.

She reached out to the HR specialist two more times, but he did little more than apologize for the delay, Medlin alleges. When she still hadn’t heard anything from the company by July 2016, Medlin filed a charge with the EEOC.

Not only were her harassers apparently not disciplined, they also apparently were subsequently promoted, Medlin charges.

The lawsuit was filed in the U.S. District Court for the Eastern District of Pennsylvania under Title VII of the 1964 Civil Rights Act.

“We just received the complaint and are looking into the allegations,” Matt Miller, an American Airlines spokesman, told Bloomberg BNA Nov. 2.Faye Riva Cohen in Philadelphia represents Medlin. No attorney has filed an appearance yet for American Airlines.

To contact the reporter on this story: Patrick Dorrian in Washington at pdorrian@bna.com

To contact the editors responsible for this story: Peggy Aulino at maulino@bna.com; Terence Hyland at thyland@bna.com

Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.

Reproduced with permission from Daily Labor Report, 212 DLR A-6 (Nov. 2, 2016). Copyright 2016 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>

Philadelphia Ambulance Company Named in Age Discrimination Suit (featuring Faye Riva Cohen, Esquire!)

A Philadelphia-based ambulance company discriminated against a former emergency medical technician because of her age and gender, according to a newly filed civil complaint.

Carol Alcaro Willoughby, who resides in Bristol, Pa., is suing Rhawnhurst-Bustleton Ambulance Association, which is located in Northeast Philadelphia, over claims that the defendant regularly discriminated against the 61-year-old female because of her age.

Willoughby was employed by the ambulance company from the fall of 1999 until last spring, when, the suit alleges, she was terminated for unlawful reasons.

The suit says that despite the fact that the plaintiff always performed her job duties in an “exemplary manner,” never received any disciplinary write-ups or infractions, and regularly received positive feedback from her supervisors, Willoughby was nevertheless ultimately dismissed from her job and told to go “work at a nursing home.”

According to the complaint, the defendant subjected Willoughby to numerous instances of discrimination based on gender and age throughout the course of her employment.

At the time of her March 2012 termination, the suit says, Willoughby was the only female employee out of about 20 EMTs who worked on ambulances.

The plaintiff, who became a full-time EMT in 2010, was also among the three oldest company employees.

In one incident highlighted in the suit, a fellow EMT in his mid-20s told the plaintiff that emptying the trash was a “woman’s job,” and that women should not be allowed to work on ambulances.

In another example of discriminatory behavior, the same colleague was witnessed ripping apart and throwing out applications for employment sent in by female applicants.

The defendant also regularly mandated the plaintiff and another female EMT clean the male restrooms, the suit states, although male employees were never made to do the same.

The complaint states that Willoughby eventually complained to a supervisor about the discriminatory treatment, but that no corrective action was ever taken.

The plaintiff claims that after complaining about having her hours reduced, a supervisor became “irrationally irate” with her during a conversation and said that because of her age, Willoughby was too old to perform her job and should “accordingly file for unemployment compensation benefits.”

It was at this point that the supervisor, after being told the plaintiff was actually in her 60s and not her 50s, suggested that Willoughby was too old for her job and should find work at a nursing home, the complaint alleges.

The lawsuit says that the male supervisor screamed in such a loud voice during the telephone conversation with the plaintiff that the woman’s husband was able to hear the discriminatory remarks on the other end of the phone.

Willoughby was terminated subsequent to the phone conversation.

The lawsuit accuses the defendant of violating the Americans with Disabilities Act, the Civil Rights Act, the Age Discrimination in Employment Act and the Pennsylvania Human Relations Act.

The plaintiff seeks front and back pay, damages for emotional distress, compensatory and punitive damages, attorneys’ and expert witness fees and interest.

Willoughby is being represented by Philadelphia lawyer Faye Riva Cohen.

The federal case number is 2:13-cv-03413-LDD.

By Jon Campisi and originally published in the Penn Record on June 19, 2013, and can be found here.

 

Women Alleges Insurance Company Wrongfully Denied Disability Payments (featuring Faye Riva Cohen, Esquire!)

PENNSYLVANIA — An employee is suing Reliance Standard Life Ins. Co., an insurance firm, citing alleged breach of contract.

 Nanita Barchi filed a complaint on Nov. 17, in the U.S. District Court for the Eastern District of Pennsylvania against Reliance Standard Life Ins. Co. alleging that the insurance firm denied plaintiff’s claim for disability benefits.

According to the complaint, the plaintiff alleges that she became disabled but was denied her disability benefits. The plaintiff holds Reliance Standard Life Ins. Co. responsible because the defendant allegedly failed and refused to provide promised benefits to the plaintiff.

The plaintiff seeks awarding of interest to the plaintiff on the amount of the claim, reinstatement of the promised disability benefits, injunction against the defendant, monetary judgment plus interest, court costs and any further relief this court grants. She is represented by Faye Riva of Law Office of Faye Riva Cohen, P.C. in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-06045-MSG

By Louie Torres and originally published in the Penn Record on November 25, 2016, and can be found here.

Marriage in the Time of Internet Ministers: I Now Pronounce You Married, But Who Am I To Do So?

I am proud to say that I have been cited as an authority in a law review article in the University of Miami Law Review (Volume 63, Number 3, April 2010) entitled Marriage in the Time of Internet Ministers: I Now Pronounce You Married, But Who Am I To Do So?  Specifically, check out footnote 222 of the aforesaid article which you can find here and you will see the cite to me and my article “I Now [Cannot] Pronounce You Man and Wife” (which you can see here).

The issue of both the law review article and my article centers on the Pennsylvania legal qualifications/criteria of/for someone who presides at weddings in Pennsylvania and who (or what sort of “clergy”) may or may not meet those qualifications.

Unemployment Cheats Raked in $16.5 Billion Last Year

I was quoted in the The Fiscal Times September 22, 2011 article Unemployment Cheats Raked in $16.5 Billion Last Year.

If you do not feel like reading the article, the nuggets of wisdom I shared were these (quoted directly from the article):

“Lying to the government is much easier when a person’s only contact with the state agency is online or on the telephone, Cushing said.  ‘It’s much easier to file things in a fraudulent way because the gatekeeper is even more compromised online.”’

and

“State unemployment agencies assume what a claimant says is true unless an employer objects, said James Cushing, a Pennsylvania attorney specializing in unemployment compensation.  ‘It’s not unusual for two or three months to go by where a claimant receives payments for benefits, and then at a referee’s hearing it gets determined that they were never eligible to begin with,”’ Cushing said.

Unemployed and Retired? You, too, Can Double Dip.

I was quoted in the The Fiscal Times August 17, 2011 article Unemployed and Retired?  You, Too, Can Double Dip.  

If you do not feel like reading the article, the nuggets of wisdom I shared were these (quoted directly from the article):  “There is no conflict between collecting a Social Security pension benefit and unemployment compensation at the same time as long as each agency is apprised of the income received from the other,” says James Cushing, a Pennsylvania lawyer specializing in unemployment compensation.

 

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