Jessica Karmasek News
Eighth Circuit dismisses privacy class action against video game retailer
The federal appeals court agreed with the U.S. District Court for the District of Minnesota in granting GameStop’s motion to dismiss the lawsuit, brought over an alleged breach of its privacy policy.
Priest and hedge fund manager files defamation lawsuit against Bloomberg over news article
Father Emmanuel Lemelson, the chief investment officer of Lemelson Capital Management, argues the article, published in March, has hurt his business and his standing within the Eastern Orthodox Church. Bloomberg had the lawsuit removed to a Massachusetts federal court in August.
New York law firm fights back, files lawsuit against company for its ‘meritless’ malpractice action
Intellectual property firm Goldberg Cohen LLP filed its lawsuit against Luv N’ Care Ltd. in a New York federal court this month, accusing its former client of skirting its legal bills, among other claims. Luv N’ Care, mostly known for its Nuby product line, sued the firm last year for its alleged mishandling of patent infringement litigation.
Ninth Circuit: Individual arbitration waiver agreements are unenforceable
The federal appeals court vacated a California federal court’s order compelling individual arbitration in a class action filed against audit firm Ernst & Young by its employees.
Filing TCPA lawsuits: 'It's what I do,' professional plaintiff with 35 cell phones says
The plaintiff bought at least 35 different pre-paid cell phones in order to manufacture lawsuits over supposedly unwanted calls from companies. A Pennsylvania federal judge ruled the woman didn’t suffer any injuries and therefore lacked standing.
U.S. DOL argues new fiduciary rule will have ‘enormous’ benefits for investors
The Department of Labor, in a lawsuit brought by a group of trade associations in June, contends its conflicts of interest rule, despite the cost, better serves investors and aligns with other federal retirement laws. The department is asking a Texas federal court to rule in its favor.
Wal-Mart: Former employee who complained to EEOC never requested accommodation
The U.S. Equal Employment Opportunity Commission recently announced that the retail chain will pay the man, who is intellectually disabled and worked for the company since 1994, $90,000 to settle the allegations of disability discrimination.
Federal court: Debt relief law firms not exempt from CFPB’s authority
A Wisconsin federal judge recently ruled that the owners of two law firms offering debt relief services may be held liable by the Consumer Financial Protection Bureau for allegedly violating federal consumer protection laws.
CFPB receives thousands of comments on proposed arbitration rules
The Consumer Financial Protection Bureau, an independent agency of the federal government responsible for consumer protection in the financial sector, published its proposal in the Federal Register on May 24, with a 90-day comment period. All comments were due no later than Monday.
Company wants its lawsuits against asbestos attorneys to be consolidated; firm argues cases aren’t related
John Crane Inc. wants the two lawsuits it filed in early June, against Shein Law Center in Philadelphia and Simon Greenstone Panatier Bartlett PC in Dallas, to be heard before a single federal judge. Shein has filed an opposition to the request, along with a motion to dismiss the case against it altogether.
WLF to Arkansas federal court: U.S. Department of Labor’s ‘persuader rule’ is too ‘aggressive,’ should be struck down
The Washington Legal Foundation, a D.C.-based public interest law firm, recently filed an amicus brief in Associated Builders and Contractors of Arkansas v. Perez. The foundation, citing a recent Texas federal court ruling, argues the new Persuader Advice Exemption Rule violates First Amendment protections.
Legal wrangling over Wis. DA’s probe into Walker recall campaign continues; nonprofit targeted by investigation files class action against prosecutor
The John K. MacIver Institute for Public Policy, one of the targets of Milwaukee County District Attorney Mike Chisholm’s “John Doe” investigation, claims the district attorney, his employees and some state board staffers illegally seized the institute’s digital records during the now-stalled criminal probe that alleged “illegal coordination” of campaign funding by Wisconsin Gov. Scott Walker and 29 independent nonprofits.
Tenn. senator: Former prosecutor Haag overzealous in failed case against FedEx
While the U.S. Attorney’s Office has said its internal review of the FedEx case isn’t meant to assign blame, attorneys for FedEx contend U.S. Department of Justice prosecutors ignored evidence that the company tried to cooperate with the federal agency.
Panel selects Pa. federal court for MDL against generic drug makers
The six-member U.S. Judicial Panel on Multidistrict Litigation selected the U.S. District Court for the Eastern District of Pennsylvania to handle the lawsuits against defendants Allergan, Impax Laboratories, The Lannett Company, Mylan, Par Pharmaceuticals and West-Ward. Providence's class action against the drug manufacturers are among the cases being consolidated.
Panel selects California federal court for Honest Company MDL
At least six class action lawsuits filed over the eco-friendly company’s products -- and most likely two more -- have been transferred to and consolidated in the U.S. District Court for the Central District of California.
Calif. federal court rejects settlement in class action over company’s homeopathic products
The rejected settlement purported to require Similasan to make label changes and maintain a website concerning homeopathic “dilution principles.” No unnamed class members would have received any compensation under the rejected agreement, and class attorneys would have been awarded more than $500,000.
Second Circuit rules for Chevron, agrees $9.5 billion judgment against oil giant was product of fraud, racketeering
A three-judge panel of the U.S. Court of Appeals for the Second Circuit this week sided with the company, finding “no basis” for overturning the U.S. District Court for the Southern District of New York’s judgment in 2014.
Doctors file class action lawsuit over osteopathic association’s membership fees
A group of some 32,000 osteopathic physicians claim the American Osteopathic Association’s requirement that they purchase an annual membership at a cost of nearly $700 is illegal and “serves no purpose.”
Alabama federal judge gives TCPA class action settlement preliminary OK
Lead plaintiff Jason Bennett filed the lawsuit against Boyd Biloxi LLC, owner of IP Casino Resort and Spa in Biloxi, Miss. He claims the resort violated the federal Telephone Consumer Protection Act after he and more than 70,000 others received more than 400,000 unlawful telemarketing calls promoting the spa.
Second Circuit: Class can be decertified after jury verdict
Plaintiff Joseph Mazzei filed a class action against The Money Store, TMS Mortgage Inc. and HomEq Servicing Corp. for breach of contract, challenging the imposition of post-acceleration late fees on mortgages. Last month, the U.S. Court of Appeals for the Second Circuit affirmed the U.S. District Court for the Southern District of New York, which granted the defendants’ post-verdict motion to decertify and entered judgment in favor only of Mazzei.