Jessica Karmasek News
W.Va. AG, 30-state coalition file reply with U.S. SC over Clean Power Plan stay request
The states contend that if left unstayed, the EPA’s new rule will force “massive and irreversible changes” in terms of state policies and resources, power plant shutdowns, and investments in wind and solar power.
Iowa SC mostly rejects proposed consumer class action filed over overdraft fees
The plaintiffs sued the bank over one-time nonsufficient funds fees it charged when they used their debit cards to create overdrafts in their checking account. The couple, former customers of West Bank in Iowa, alleged the fees violated the state’s usury laws.
Fla. federal judge dismisses class action against Tinder for allegedly overcharging customers
The plaintiff had filed a similar class action in a California federal court last year. Though the dating service didn’t raise the issue of judge shopping, Florida District Judge James Lawrence King noted in his dismissal last month it was an “obvious” one.
Conn. federal judge sides with DirecTV, says class action over surcharges should be arbitrated
The plaintiff, who filed his lawsuit against the satellite television provider last year for allegedly misrepresenting the cost of its services in the state, plans to file an appeal of the federal court’s decision.
U.S. Senate panel holds hearing on asbestos trust bill
This week, the Senate Judiciary Committee took up the Furthering Asbestos Claim Transparency Act, or FACT Act, portion of a bill that passed the House last month. Opponents argue the legislation’s reporting requirements could violate asbestos victims’ privacy. Those in favor of the bill say it’s a necessary “additional check” on the current system.
Law professor: Bill targeting class action abuse simply would improve certification compliance
Jason Johnston, who teaches at the University of Virginia, says the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2015 -- passed by the U.S. House of Representatives last month -- would ensure federal judges are more thorough and consistent in certifying classes.
U.S. House panel approves fraudulent joinder bill
The Fraudulent Joinder Prevention Act, or H.R. 3624, shifts the burden from the defendant to the plaintiff and allows federal judges more discretion to remove those “innocent” local defendants.
Alabama plaintiffs attorney settles case against legal support company
Montgomery lawyer Barry W. Walker, of Walker Law LLC, sued Minnesota-based Civil Action Group Ltd. last year, alleging the company demanded payment but had no valid contract and cut off his only means of financing his cases.
Disney hit with class action lawsuits for allegedly replacing employees with foreign workers
The popular children’s entertainment resort, which was sued in a Florida federal court last week, along with two outsourcing companies, denies the allegations by two former IT employees.
Data breach class action against grocery chain dismissed
A Minnesota federal judge who was assigned to oversee a consolidated class action against SuperValu said in a ruling last month that the plaintiffs’ claims were too speculative.
Class action against lip balm maker quickly resolved
EOS said last week it has reached a settlement over allegations that its product causes severe rashes, dryness, bleeding, blistering, cracking and pigmentation loss.
Third Circuit affirms ruling in class action over Super Bowl tickets
The federal appeals court upheld a New Jersey federal court’s 2015 ruling, concluding that the plaintiffs lacked standing to sue.
AGs want U.S. SC to stay EPA’s Clean Power Plan
A group of state attorneys general also take issue with the federal agency’s implementation plan, which would force cap-and-trade upon states that do not comply with the new rule.
Pa. court rules state AG’s office can use private counsel to pursue consumer protection lawsuits against nursing homes
A majority of the court sided with Attorney General Kathleen Kane’s office in a ruling this month, allowing for increased use of outside attorneys. A group of nursing home operators filed their lawsuit last year, trying to kill plaintiffs law firm Cohen Milstein Sellers & Toll PLLC’s apparent deal with Kane’s office.
E-cigarette maker sues N.J. law firm over its ‘predatory’ billing
Vapor Corp. alleges Porzio Bromberg & Newman PC proceeded with aggressive litigation in a patent infringement case against the company, attempting to “swindle” it out of millions of dollars through unnecessary legal services allegedly rendered. The firm’s actions forced Vapor to retain outside IP counsel, which settled the patent litigation last month.
GM ignition switch lawsuit dismissed amid fraud claims
The first of several bellwether trials ended abruptly last week after lawyers for the car maker uncovered evidence that the plaintiff was not completely honest about his claims.
Federal judge kills another data breach class action against retailer
Judge Joanna Seybert for the Eastern District of New York said the class action lawsuit brought against arts and crafts retailer Michaels lacked standing. A similar class action against the retailer was dismissed in 2014.
U.S. SC rules against business in bid to stop class actions
The nation’s highest court ruled 6-3 that a defendant can’t end a case by offering full payment to the lead plaintiff.
D.C. Circuit denies states’ request for stay of EPA’s Clean Power Plan, but puts case on fast track
West Virginia Attorney General Patrick Morrisey, who is leading a coalition of states against the federal agency’s new rule, says he is considering an appeal with the U.S. Supreme Court.
Law firm’s former partner files shareholder lawsuit, claims it wrongly diverted fees
The defendants -- partners at Schiller Kessler & Gomez PLLC -- want the lawsuit dismissed. They argue their former managing partner is using the suit as leverage to “pressure” a settlement.