Wabtec Investigation:  Rail Industry Employees Potentially Impacted by No Poach Agreements

We are investigating allegations that Westinghouse Air Brake Technologies Corp. “Wabtec,” Faiveley Transport S.A. “Faiveley” (acquired by Wabtec in November 2016), Knorr-Bremse AG “Knorr,” and their related subsidiaries entered into improper no poach agreements since approximately 2009.

Wabtec, Faiveley and Knorr allegedly agreed not to poach, solicit, recruit, hire without prior approval, or otherwise compete for each other’s skilled employees, including project managers, engineers, and directors/officers.  As a result, qualified candidates lost job opportunities and may have affected employees’ wages.  No poach agreements also held back competition in the market for these employees.

The US Department of Justice investigated this issue and filed a complaint against Wabtec and Knorr.  Wabtec and Knorr are two of the world’s largest suppliers of rail equipment and are each other’s top rival.  Wabtec and Knorr entered into similar no poach agreements with their other main competitor, Faiveley.

Following an investigation, the US Department of Justice found that no poach agreements were illegal and that employees were financially harmed.  On April 3, 2018, the DOJ issued a proposed final judgment and settlement with the defendants. Each defendant agreed to stop “attempting to enter into, entering into, maintaining, or enforcing any No-Poach Agreement or No-Poach Provision.”   The settlement did not order defendants to pay anything to the employees who had been harmed by no poach agreements.

If you worked for Wabtec, Faiveley, Knorr, or a subsidiary of those companies (including Wabtec Passenger Transit, Faiveley Transport North America, Knorr Brake Company, or New York Air Brake Corp.), between January 1, 2009 and April 3, 2018 you may have been injured by this unlawful conduct and may be entitled to compensation.

Contact Partner Joel Hurt for a free consultation to find out whether you have a No Poach Agreement claim and, if so, how we can help.

Did you purchase a Car from Volkswagen since 2009?

Volkswagen has been advertising since 2009 that its cars have superior gas mileage and less unhealthy emissions than similar vehicles.  Contrary to Volkswagen’s promotions that its vehicles were “green,” testing shows its “CleanDiesel” cars do not deliver the low emissions advertised and promised, and some of its gasoline vehicles do not deliver the mileage advertised and promised.

As reported on September 18, 2015 by the U.S. Environmental Protection Agency in a formal Notice of Violation, Volkswagen programmed its “CleanDiesel” vehicles to emit less emissions during emissions testing.  However, when testing was not being conducted, the “CleanDiesel” cars emitted up to 40 times the amount of nitrogen oxide permitted under U.S. laws.

On November 2, 2015, the U.S. Environmental Protection Agency issued a Second Notice of Violation expanding the number and types of diesel vehicles with “defeat devices” used to render inoperative the vehicles’ emission control systems that exist to comply with federal emissions standards.

On November 3, 2015, numerous new agencies reported that Volkswagen issued a statement that it discovered additional cheating on the emissions and fuel consumption of certain other vehicles sold in the U.S. and abroad during its “comprehensive investigations” it promised to do following the emergence of its “CleanDiesel” scandal.

Volkswagen owners paid extra for the better levels of emissions, horsepower and gas mileage promised.  Reprogramming to make the emissions comply with U.S. laws will likely reduce the vehicles’ horsepower and gas mileage, causing lower resale or trade-in values.

You may have been a victim of Volkswagen’s fraudulent sales practices and paid a higher price for your automobile if you purchased one of the following gas or diesel cars:

• Volkswagen Polo (1.4 liter engine)
• Volkswagen Golf (1.4 liter engine)
• Audi All Models (1.4 liter engine)

You may have been a victim of Volkswagen’s fraudulent sales practices and paid a higher price for your automobile if you purchased one of the following “CleanDiesel” cars:

• Toureg (3.0 liter engine)
• Porsche Cayenne (3.0 liter engine)
• Audi A6 Quatro (3.0 liter engine)
• Audi A7 Quatro (3.0 liter engine)
• Audi A8 (3.0 liter engine)
• Audi A8L (3.0 liter engine)
• Audi Q5 (3.0 liter engine)
• Jetta (2009-2015)
• Jetta Sportwagen (2009-2014)
• Beetle (2012-2015)
• Beetle Convertible (2012-2015)
• Audi A3 (2010-2015)
• Golf (2010-2015)
• Golf Sportwagen (2015)
• Passat (MY 2012-2015)

If you purchased any one of these Volkswagen  cars from a Volkswagen dealership and would like to discuss your situation with Joseph N. Kravec, Jr. or Wyatt A. Lison, call today (1-888-355-1735) or email to [email protected] for a free consultation to determine if we may help you.

Unnecessary Insurance – Has your mortgage company purchased insurance on your home?

If so, you may have paid for unnecessary insurance and may be entitled to a refund.  We are investigating whether mortgage lenders are forcing unnecessary insurance on homeowner borrowers.

In 2011, our firm recovered $86 million in benefits for more than 400,000 California homeowners in a Bay Area class action against an insurer for mortgage lenders accused of providing unnecessary insurance.  The insurer in that case insured homes with mortgages from more than 40 different lenders, including Wells Fargo, JP Morgan Chase and Citibank.

Click here to review documents from that case:

Wahl v. ASIC Class Certification Order

Wahl v. ASIC Final Order and Judgment

Bank of America, SunTrust and many other lenders have also been accused of similar practices, involving alleged placing of unnecessary insurance.

Please contact us if your lender obtained insurance on your home at any time in 2014 or 2015.  You may have paid for unnecessary insurance and may be able to participate in a potential class action lawsuit. If you would like to talk to an attorney regarding unnecessary insurance, please contact Joe Kravec or Greg Murray at 1-888-355-1735 or email to [email protected].  We will be happy to answer your questions.

Feinstein Doyle Payne & Kravec, LLC represents a proposed class of California residents who have private education loans and who were assessed a late fee on or after March 17, 2007.
 
The lawsuit was filed on behalf of California residents with student loans in the United States District Court for the Northern District of California. The Court’s February 13, 2012 Order rejected Sallie Mae’s motion to dismiss the causes of action under California’s Unfair Competition Law. The Court found that the Complaint sufficiently alleged that Sallie Mae’s late fees were both “unfair” and “unlawful” as they “amount to liquidated damages prohibited by Civil Code § 1671(a).”
 
Please contact Attorney Joe Kravec for further information.

As a provision of the Affordable Care Act (ACA), women covered by health plans will gain access to eight more preventative health care services, free of charge:

• Well-Woman Visits
• Gestational Diabetes Screening
• Domestic and Interpersonal Violence Screening and Counseling
• FDA-Approved Contraceptive Methods and Contraceptive Education and Counseling;
• Breastfeeding Support, Supplies and Counseling
• HPV DNA Testing for Women Age 30 or older
• Counseling for Sexually Transmitted Infections for sexually active women
• HIV Screening and Counseling for sexually active women

Note:  Plans with grandfathered status (plans that were in effect prior to enactment of the ACA (3-23-2010)) may not be required to cover these services. Contact your insurance company to see if your plan qualifies.

Congress passed two major laws that include major protections for whistleblowers:
 

In 2002, Congress passed the Sarbanes Oxley (SOX) Act, which protects whistleblowers who report securities laws violations.

In July 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”).

 
Dodd-Frank amended SOX in several respects, significantly enhancing the protections available to whistleblowers in the financial services industry.
 
Dodd-Frank, which applies to both public and privately held companies, states that an employer cannot retaliate against an employee for revealing any information that is protected or required under SOX; the Securities Exchange Act of 1934; and any other law, rule or regulation subject to the jurisdiction of the Securities and Exchange Commission.
 
Dodd-Frank also protects employees who report truthful information relating to federal crimes.  An employee who wins their case may receive up twice the amount of wages they lost due to retaliation, as well as attorneys’ fees.   Dodd-Frank also allows for a whistleblower to receive cash awards of 10% to 30% of amounts that the SEC recovers based on the whistleblower’s report.
 
There are many important considerations in any whistleblower case.  We can assist you to make decisions and help you through this technical and complex area of the law.
 
If you have questions about your rights under the Whistleblower Anti-Retaliation Laws or SOX/Dodd-Frank, please call us at 412.281.8400 or use our contact form.

Feinstein Doyle Payne & Kravec, LLC fights for the rights of people who “blow the whistle” on illegal conduct at work and then are fired or otherwise retaliated against.

Employees are often in the best position to witness and report unsafe or unlawful conduct in the workplace.  Federal and state laws often protect whistleblowers and encourage them to report wrongdoing.

Not all whistleblowing employees are protected, so it is very important to seek advice from an attorney before you tell a supervisor or government agency about:

(1) a violation of a law or regulation;

(2) a danger to public health or safety;

(3) an abuse of authority;

(4) gross mismanagement; or

(5) a serious waste of funds.

 
You do not have to be absolutely certain about the misconduct in order to be protected from retaliation but you do need to have a good-faith, reasonable belief about what you are reporting.  There may be time limits on when and how to bring your claims, so it is best to promptly seek legal assistance.

If your employer takes action against you for blowing the whistle, you may be able to recover back pay for wages and benefits lost due to retaliation, as well as other types of damages to compensate you.  In some cases, whistleblower protection laws also provide for punitive or exemplary damages, which are intended to punish the wrongdoer and to keep others from similar misconduct.  Most whistleblower protection laws allow for the employee who reports the wrongdoing to recover litigation costs, including attorneys’ fees.

There are many important things to consider in any whistleblower case.  We can help you to make decisions about what you should do.

If you have questions about your rights under the Whistleblower Anti-Retaliation Laws, please call us at 412.281.8400 or use our contact form.

Feinstein Doyle Payne & Kravec, LLC represents individuals in lawsuits under the federal False Claims Act (“FCA”), in what are sometimes called  “qui tam” cases.

If you know that your employer is cheating the federal government (and in some instances cheating  state or local governments) or misusing government funds, you may be able to sue on the government’s behalf under the FCA.  (This is why such cases are also called “qui tam” actions, an abbreviation for a Latin phrase meaning, “[he] who sues in this matter for the king as [well as] for himself.”)

The FCA applies to many different types of fraud against the government.  Conduct that violates the FCA may include:

• billing the government at inflated prices;
• seeking payment for goods or services that were not actually provided
• bribing someone in order to obtain a government contract;
• using federal grant money for personal benefit; and
• overbilling Medicare or Medicaid.

A significant reward is  available to the persons (not the lawyers)  who bring qui tam cases. This reward could be a percentage of the money recovered for the government.  Millions of dollars have been awarded to people who have stepped forward to bring successful FCA suits.

The law provides protection for those that speak up.   If an employer punishes or fires an employee for reporting the employer’s wrongdoing under the FCA, the employer may have to pay damages to the employee and/or give the employee’s job back.  The employer may also have to pay for the employee’s lawyer.

There are many important things to know in any FCA case.  We can help you to make decisions and guide you through this technical and complex area of the law.
If you have questions about your rights under the FCA or Whistleblower Anti-Retaliation Laws, please call us at 412.281.8400 or use our contact form.

Feinstein Doyle Payne & Kravec, LLC represents all of the workers’ compensation judges in the Commonwealth of Pennsylvania to restore a longevity step increase promised them in early January 2009.
 
For more information, please contact us.

Feinstein Doyle Payne & Kravec, LLC attorneys represent current and retired state workers in two cases involving cuts to pension and health care benefits.

The suits alleges that these changes violate the Contract Clause of the United States and New Hampshire Constitution. The cases are currently pending in Merrimack County Superior Court in Concord.