Kyla Asbury News
Two companies defeat telemarketing claims holding them 'vicariously liable'
CLARKSBURG, W.Va. (Legal Newsline) – Two defendants in a multidistrict litigation proceeding involving the Telephone Consumer Protection Act have won summary judgment, dismissing them from an MDL containing 30 cases.
W.Va. SC rules again in Quicken Loans case
CHARLESTON – The West Virginia Supreme Court of Appeals reversed and remanded a lawsuit against Quicken Loans.
Fla. agency must have suspicion to drug-test applicants, 11th Circuit rules
ATLANTA (Legal Newsline) - An appeals court has ruled that the Florida Department of Children and Families cannot require drug testing of suspicionless applicants.
Federal judge partially dismisses NFL drug misuse class action
OAKLAND, Calif. (Legal Newsline) - A federal judge partially granted a motion to dismiss in a class action lawsuit against the National Football League for allegedly supplying painkillers to players illegally.
Plaintiff dismisses class action against GNC over OxyElite Pro
CAMDEN, N.J. (Legal Newsline) - The named plaintiff in a class action lawsuit against General Nutrition Center over OxyElite Pro has filed a notice of dismissal,
Third Circuit dismisses drunk drivers' class action against breathalyzer maker
PHILADELPHIA (Legal Newsline) - An appeals court has ruled that the plaintiffs in a class action lawsuit against Draeger Safety Diagnostics Inc. failed to adequately plead a plausible claim.
Travelers didn't meet CAFA burden in removing class action, Third Circuit rules
PHILADELPHIA (Legal Newsline) - A federal appeals court has ruled that Travelers Property Casualty Company of America did not establish the Class Action Fairness Act amount-in-controversy in a class action lawsuit against the company.
Federal judge won't dismiss what Twitter calls 'abusive' TCPA class action
SAN FRANCISCO (Legal Newsline) - A federal judge has denied Twitter's motion to dismiss a class action lawsuit that accuses the company of violating the Telephone Consumer Protection Act.
Jury rules in favor of Apple in antitrust class action trial
OAKLAND, Calif. (Legal Newsline) - A federal court jury has ruled that Apple did not violate antitrust laws when it restricted music purchases for iPod users to Apple's iTunes store.
Whole Foods Greek yogurt class actions transferred to MDL
AUSTIN, Texas (Legal Newsline) - Class action lawsuits involving Whole Foods Greek yogurt have been consolidated in the U.S. District Court for the Western District of Texas.
U.S. SC says class action law helps defendants remove cases to federal court
WASHINGTON (Legal Newsline) - The U.S. Supreme Court has held that a defendant removing a class action lawsuit to federal court under the Class Action Fairness Act of 2005 does not need to include actual evidence in establishing the required amount in controversy.
Ninth Circuit rules for Verizon in class action over recorded phone calls
SAN FRANCISCO (Legal Newsline) - A federal appeals court has ruled that because the named plaintiff in a class action lawsuit against Verizon failed to carry his burden of demonstrating a likelihood of irreparable harm, the district court properly denied his request for a preliminary injunction.
N.J. attorneys lead discussion on increase in truth-in-consumer contract lawsuits
TRENTON, N.J. (Legal Newsline) - Two New Jersey recently attorneys led a discussion on the uptick in Truth-in-Consumer Contract, Warranty and Notice Act lawsuits filed in New Jersey in the last year.
Macy's says federal law preempts Calif. statute in class action over jeans
SAN DIEGO (Legal Newsline) - Macy's has asked a federal judge to dismiss a class action lawsuit against it for allegedly incorrectly claiming a brand of jeans in its stores were made in the United States.
Home Depot data breach lawsuits consolidated in Atlanta
ATLANTA (Legal Newsline) - Lawsuits involving the Home Depot data breach that occurred earlier this year have been consolidated in Atlanta federal court.
Judge denies GM's motion to dismiss safety-sticker class action
FORT LAUDERDALE, Fla. (Legal Newsline) - A federal judge has denied General Motors' motion to dismiss in a class action lawsuit that claims the company applied safety-rating stickers to vehicles that did not have the highest ratings.
Judge rules for defendant in Fair Credit Reporting Act class action
SAN DIEGO (Legal Newsline) - A federal judge has ruled that the named plaintiff in a proposed class action lawsuit against Southwestern & Pacific Specialty Finance Inc. failed to prove that the company violated the Fair Credit Reporting Act.
TD Ameritrade says it will 'vigorously defend' against class action
OMAHA, Neb. (Legal Newsline) - TD Ameritrade said it will "vigorously defend" against a class action lawsuit recently filed against it
Tenth Circuit says three defendants should be removed from RICO class action
DENVER (Legal Newsline) - An appeals court ruled that three defendants should be removed from a RICO class action lawsuit.
Home Depot says focus is on customers after data breach class action
ATLANTA (Legal Newsline) – After a class action lawsuit was recently filed against Home Depot over a data breach, the company says its main focus is on its customers.