Jessica Karmasek News
N.Y. firm claims DOJ illegally changed terms of its Madoff victim fund
Last month, The Barry Fischer Law Firm LLC filed its lawsuit in the U.S. District Court for the Southern District of New York. The firm said it is concerned its clients will not receive their compensation and, in turn, it will not receive its fees.
Franken used sexual assault victims in attack on arbitration one month before resigning
The Minnesota Democrat, who announced his resignation Thursday, has taken issue with forced arbitration clauses in employment contracts.
Lyme disease patients file federal antitrust lawsuit over ‘bogus’ guidelines
Last month, a group of 28 plaintiff patients sued the Infectious Diseases Society of America, major health insurers and a group of medical doctors, alleging they conspired to deny coverage.
Florida tops tort reform group's list of ‘Judicial Hellholes,' while California No. 2
California, City of St. Louis Circuit Court, New York City’s asbestos court and Philadelphia round out the American Tort Reform Association’s top five this year.
Alabama SC: Settlement schedule violates due process rights, class members deserve more information
The state’s high court sided with objectors, vacating an order entered by a trial court awarding class counsel a fee of $124 million for their work on a $310 million class action settlement.
Federal judge refuses to block Trump’s designation of Mulvaney as interim head of CFPB
Judge Timothy J. Kelly for the U.S. District Court for the District of Columbia, according to a minute order and entry on the case docket, denied Leandra English’s emergency motion for temporary restraining order after a motion hearing held Tuesday.
DOL officially puts Obama administration’s fiduciary rule on hold for 18 months
The U.S. Department of Labor announced Monday it finalized plans to extend the transition period for full implementation from Jan. 1, 2018 to July 1, 2019.
Proposed class action against Weinstein claims producer, company colluded to conceal his alleged harassment
An unnamed female plaintiff filed the lawsuit against Weinstein in the U.S. District Court for the Central District of California Nov. 15.
Another natural gas company tries to have lawsuit blaming fracking for Okla. earthquakes heard in federal court
Defendant Devon Energy Production Company LP filed its notice of removal to the U.S. District Court for the Western District of Oklahoma Nov. 16.
Legal battle brewing over CFPB acting director
On Sunday, Leandra English, named the deputy director of the Consumer Financial Protection Bureau by former director Richard Cordray, filed a federal lawsuit against President Donald Trump to block his naming of Office of Management and Budget Director Mick Mulvaney as the bureau’s acting director.
Richard Cordray won't be around to see the court decision that would have got him fired
Richard J. Andreano Jr., an attorney at Ballard Spahr LLP, said the U.S. Court of Appeals for the District of Columbia’s pending decision in PHH Corporation v. CFPB, which could be handed down any day, likely will strongly influence how other courts address the Consumer Financial Protection Bureau structure issue.
Honeywell, in motion over ballots, contends asbestos claims holders already have been exposed
Honeywell International has interjected itself into the bankruptcy proceeding of the successors to Chicago Fire Brick and Wellsville Fire Brick, companies that spent a decade creating a trust that would pay individuals with asbestos claims. In May, Honeywell asked the federal bankruptcy court in Oakland, Calif., to make those ballots public.
Cordray plans to step down as CFPB head at month’s end
Richard Cordray, who has served as the executive director of the Obama-era watchdog agency since its creation in 2010, made the announcement in an email message to colleagues Wednesday.
Minn. judge issues injunction against DOL’s fiduciary rule, also grants stay
Judge Susan Richard Nelson for the U.S. District Court for the District of Minnesota, in her order last week, said an “actual, ongoing controversy” exists between plaintiff Thrivent Financial for Lutherans and the U.S. Department of Labor.
Conn. SC: Firefighter’s rule does not extend to cases alleging ordinary negligence
According to the state Supreme Court, the common-law firefighter’s rule provides, in general terms, that a firefighter or police officer who enters private property in the exercise of his or her duties generally cannot bring a civil action against the property owner for injuries sustained as the result of a defect in the premises.
Plaintiffs in class action lawsuit over Subway’s ‘footlong’ sandwiches abandon litigation
The plaintiffs filed a two-page stipulation of dismissal without prejudice in the U.S. District Court for the Eastern District of Wisconsin Oct. 24. Their voluntary dismissal comes nearly two months after the U.S. Court of Appeals for the Seventh Circuit dismissed a proposed settlement agreement, describing it as “utterly worthless.”
Illinois federal judge preliminarily OKs $295 million settlement in Stericycle class action
The lawsuit, filed in 2013, alleges the medical waste disposal company misled its customers, including veterinary clinics, medical clinics and medical labs, regarding pricing.
Watchdog group sues DOL for records related to rollback of fiduciary rule
American Oversight, which was formed in March to serve as a check on the Trump administration, claims the U.S. Department of Labor has failed to respond to a July Freedom of Information Act request.
Couple at center of alleged PTSD attack denied damages over former defense attorneys’ alleged conflict
In Arden v. Forsberg & Umlauf P.S., the Washington State Supreme Court rejected the insureds’ attempt to collect damages for breach of fiduciary duty and legal malpractice from their former insurance defense counsel.
Pfizer sues Johnson & Johnson over alleged anti-competitive practices
Pfizer’s lawsuit, filed in a Pennsylvania federal court in September, alleges Johnson & Johnson’s exclusionary contracts and other anti-competitive practices have denied U.S. patients access to therapeutic options and undermined the benefits of “robust” price competition in the “innovative and growing” biologics marketplace for patients.