Jamie Kelly News
After Spokeo decision, still much confusion on standing for privacy suits
GREEN BAY, Wisc. (Legal Newsline) —Nearly two months after a U.S. Supreme Court decision about when people are allowed to sue over privacy violations or the spreading of incorrect information, lower court rulings are not coming to any consensus, according to a privacy advocate.
NYC juries award $28M in two June asbestos trials against Burnham
NEW YORK (Legal Newsline) —Law firm Belluck and Fox LLP won two multi-million verdicts in asbestos cases against Burnham LLC in June, and one of the lawyers in the case said he doesn’t expect the pace of such cases to slow, even decades after asbestos left common use.
‘Self-help discovery’ ruling could cause complications for employers, lawyer says
BOSTON (Legal Newsline)—A Massachusetts Supreme Court decision involving a lawyer who claimed she was fired in retaliation for claiming discrimination could have implications in every industry and at every level of a business, according to a lawyer who studied the case.
TCPA violates First Amendment, political groups say
RALEIGH, N.C. — A lawsuit against U.S. Attorney General Loretta Lynch filed in May seeks to eliminate restrictions imposed by the Telephone Consumer Protection Act (TCPA) on political organizations using automatic telephone dialing systems to call cell phones, which the plaintiffs argue violates their First Amendment rights to freedom of speech.
Employers need to be flexible when working out ADA accommodations, ALJ says
When an employee has a physical or mental impairment that’s protected by the Americans with Disabilities Act, the process for reaching an accommodation is supposed to be interactive and ongoing, according to an attorney.
Attorney: Doesn't 'make sense' to fight FTC claims, settlement a better option
CHATTANOOGA, Tenn. (Legal Newsline) —The decision by a company that marketed wristbands it claimed acted as mosquito repellents to settle with the Federal Trade Commission is one that many businesses make when faced with an FTC suit, according to a lawyer who has experience dealing with the agency.
Supreme Court might be needed to offer copyright clarity
PASADENA, Calif. (Legal Newsline) —A decision earlier this month by the U.S. Court of Appeals for the Ninth Circuit about whether the 1990 Madonna hit “Vogue” infringed on the copyright of another song marks a split with an earlier decision by the Sixth Circuit and leaves musicians and rights holders unsure about what the law really is, according to a copyright lawyer.
Paper says for-profit education not paying off for students
BOSTON (Legal Newsline) — Allegations in a lawsuit filed by the Massachusetts Attorney General against ITT Educational Services Inc. claiming that the school misled students about their job prospects and the quality of its Computer Network Systems program point to a problem with higher education — students often pay more and earn less, according to a recent paper by two economists.
Attorney: Arbitration provision could help shield companies from N.J. lawsuits
NEWARK, N.J. (Legal Newsline) — Another class action lawsuit has been filed that claims a company violated New Jersey's Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), but there are ways for companies to protect themselves from such litigation, an attorney says.
Retirement board's new figures indicate massive increase for False Claims Act penalties
HOUSTON (Legal Newsline) — A rule recently issued by the Federal Railroad Retirement Board likely points to penalties under the False Claims Act nearly doubling starting on Aug. 1.
Ralph Lauren sales price suit points to questions about pricing deception
SAN DIEGO (Legal Newsline)—Claims that Ralph Lauren offered “phantom markdowns” on its products are in line with what consumer advocates have said they found with other stores using sale prices to potentially mislead customers.
Go Paks suit latest in consumer pushback over packaging
SAN FRANCISCO (Legal Newsline)—A class-action lawsuit against food and beverage company Mondelez International claiming some of its packaging contains non-functional slack fill is just the latest example of customers suing over what they see as deceptive marketing, a consumer advocate says.
Massachusetts taking different tactic on opioid addiction by limiting prescription supply
BOSTON (Legal Newsline) —A Massachusetts law regulating opioid painkillers is the most comprehensive in the nation and contains an unusual provision that restricts first-time prescriptions to a seven-day supply.
Appeals court hears arguments against CFPB
WASHINGTON (Legal Newsline) — If the federal court of appeals in Washington, D.C., rules that the Consumer Financial Protection Bureau’s structure is unconstitutional, it could throw pending litigation and previous decisions by the agency into question.