Andrew Burger News

Time Warner Cable subsidiaries seek dismissal of class action over allegedly unsolicited fax

By Andrew Burger | Jul 3, 2017

ATLANTA (Legal Newsline) – Subsidiaries of the country's largest cable pay-TV company Time Warner Cable (TWC) on June 20 filed a motion in the U.S. District Court for the Northern District of Georgia in Atlanta to dismiss a prospective class action lawsuit filed by New York law firm Shimshon Wexler.

Tenet HealthSystem enters $513 million agreement to settle criminal, civil charges

By Andrew Burger | Nov 15, 2016

WASHINGTON (Legal Newsline) – Texas-based, investor-owned Tenet Healthcare Corp. and subsidiary hospitals in Atlanta are paying a significant settlement and will stay under the shadow of corporate integrity agreements.

Proposed Nature's Way coconut oil class action moves forward

By Andrew Burger | Oct 3, 2016

A California federal judge denied most, but not all, of motions to dismiss and strike a proposed class action lawsuit on Aug. 12 that claimed Nature's Way falsely labeled and advertised its coconut oil as healthy.

Battle over sale of historic Berkeley main post office sale heads to court

By Andrew Burger | Sep 21, 2016

SAN FRANCISCO (Legal Newsline) -- The U.S. Postal Service (USPS) filed a lawsuit in U.S. District Court for the Northern District of California Aug. 22, asserting the city of Berkeley illegally interfered with the sale of its historic main office and property in the city center.

United Airlines pilot alleges he was not credited sick benefits while serving in reserves

By Andrew Burger | Sep 16, 2016

CHICAGO (Legal Newsline) – A United Airlines pilot and former U.S. Air Force (USAF) lieutenant colonel and pilot is bringing suit against the airline for allegedly not crediting him sick benefits accrued over a four-month period during which the U.S. Air Force Reserve assigned him to serve at an Air Force base in southwest Asia.

Appeals court reversal on Amazon consumer arbitration consent adds to controversy

By Andrew Burger | Sep 16, 2016

NEW YORK (Legal Newsline) -- Online retailers are being plagued by an increasing number of lawsuits that assert they did not clearly and/or adequately inform consumers that in purchasing goods via the retailers' e-commerce sites they were agreeing to resolve any resulting problems via arbitration rather than the courts.

Attorney: Scathing criticism of new ABA harassment and discrimination rule ill-founded

By Andrew Burger | Sep 9, 2016

CHICAGO (Legal Newsline) – The American Bar Association (ABA) expanded its Model Rules of Professional Responsibility regarding professional misconduct at its annual meeting in San Francisco in early August.

Courts raising bar for data breach class actions

By Andrew Burger | Aug 29, 2016

WASHINGTON (Legal Newsline) -- Reports of data breaches have become commonplace, prompting U.S. courts to raise the bar on associated class action lawsuits.

N.J. SC to take on TCCWNA class actions

By Andrew Burger | Aug 26, 2016

TRENTON, N.J. (Legal Newsline) - The New Jersey Supreme Court is aiming to reconcile opposing lower court decisions regarding certification of class action lawsuits brought under the state's Truth in Consumer Contract, Warranty and Notice Act (TCCWNA) and Consumer Fraud Act.

Denial of injunction paves way for addition of six pesticides to Prop 65 List

By Andrew Burger | Jul 28, 2016

OEHHA is adding six triazines pesticides to the Prop 65 list of chemicals known to cause cancer, developmental or reproductive harm in light of a trial court denying Syngenta Crop Science's request for injunction relief.

Scotus affirms landowners' right to contest Clean Water Act determinations

By Andrew Burger | Jun 22, 2016

WASHINGTON (Legal Newsline) – The U.S. Supreme Court ruled in May that Kent Recycling Services can challenge the U.S. Army Corps of Engineers' claim of federal jurisdiction of wetlands Kent owns in Assumption Parish, La., under the Clean Water Act (CWA).

Landowners can challenge 'Waters of the United States' rulings in federal court

By Andrew Burger | Jun 13, 2016

WASHINGTON (Legal Newsline) – The U.S. Supreme Court on May 31 constrained the ability of the U.S. Environmental Protection Agency and Army Corps of Engineers to invoke the Clean Water Act (CWA) and designate bodies of water on private and public lands as "Waters of the United States."

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