Sara McCleary News
Plaintiffs ready to appeal adverse decision in FLSA lawsuit against Chipotle
NEW YORK (Legal Newsline) – Plaintiffs lawyers are preparing their appeal of a New York federal judge's decision to decertify a collective action against Chipotle.
Appellate court upholds $6.8 million penalty against Overstock.com
SAN FRANCISCO (Legal Newsline) – California’s First District Court of Appeal, Division Four has upheld a trial court’s judgment finding an online retailer had conducted false advertising and engaged in unfair business practices.
Chef Kyle Connaughton's case against Chipotle dismissed
ALBANY, N.Y. (Legal Newsline) – The New York Court of Appeals has affirmed the dismissal of a well-known chef’s case against Chipotle Bar and Grill.
Blistex: Lip ointment tube is not deceptive, unless 'toothpaste tubes everywhere be deemed deceptive'
CHICAGO (Legal Newsline) – Lip product manufacturer Blistex has filed a motion to dismiss a class action complaint against it alleging that it uses deceptive packaging for one of its products.
Slack-fill useful, maker of Hot Tamales and Mike and Ikes says in dismissal request
KANSAS CITY, Mo. (Legal Newsline) – Candy manufacturer Just Born Inc. has filed a motion to dismiss a class action complaint filed against the company alleging it has violated Missouri’s Merchandising Practices Act as well as the federal Food, Drug and Cosmetic Act.
Sued over sugar in jelly beans, Jelly Belly's response: 'This is nonsense'
LOS ANGELES (Legal Newsline) - A lawsuit filed by a woman who says she was misled into buying Jelly Belly's exercise jelly bean is not uncommon, one attorney says, but it is
Appellate court reverses dismissal of wrongful death case against GE
Washington state’s Court of Appeals this month reversed a lower court’s dismissal of a wrongful death case.
Missouri SC finds in favor of insurance provider in underinsured motorist coverage case
The Missouri Supreme Court this month reversed a lower court’s judgment that found in favor of a couple trying to recover damages through their insurance policy, instead siding with the insurer.
Court affirms dismissal of personal injury lawsuit because of plaintiff's actions during discovery process
The Alabama Court of Civil Appeals has upheld a lower court’s judgment to dismiss a personal injury lawsuit due to the plaintiff’s failure to take appropriate actions during the discovery process.
Kansas SC affirms decision awarding employee injury benefits despite fraudulent application
The Kansas Supreme Court has upheld a state Court of Appeals decision that a fraudulent employment application does not preclude a person from being considered an employee under the Kansas Workers Compensation Act.
Missouri Supreme Court has no jurisdiction over events that occurred in Indiana
JEFFERSON CITY, Mo. (Legal Newsline) – The Supreme Court of Missouri has determined that Missouri has no specific or general personal jurisdiction over Norfolk Southern Railway Co. in a case filed by an employee alleging injuries.
N.Y. treatment facility not liable for violent actions of former resident
ALBANY, N.Y. (Legal Newsline) – The New York Court of Appeals has overturned a lower court’s decision about whether a substance-abuse treatment facility is responsible for the actions of a resident after being discharged.
Eversource defends rate hike in Massachusetts; AG Healey is opposing
BOSTON (Legal Newsline) – Eversource Energy, which delivers electricity and natural gas to 1.7 million customers throughout Massachusetts, has filed a request with the Massachusetts Department of Public Utilities to increase the rates it charges its customers for electricity.
False Claims Act settlement with United Shore can provide guidance, attorney says
WASHINGTON (Legal Newsline) – The U.S. Department of Justice (DOJ) has announced that United Shore Financial Services (USFS) will pay $48 million to resolve allegations that it violated the False Claims Act. The agreement was announced on Dec. 28 and was reached after a nearly two-year long investigation.