Rebecca Campbell News
Simonton windows, warranty not good enough, class action attorney says
MINNEAPOLIS (Legal Newsline) – A group of homeowners is suing a home improvement businesses, alleging a distribution of substandard windows and failure to deliver quality products as advertised.
Seventh Circuit sanctions plaintiffs attorney for filing case in Arkansas
MADISON, Wis. (Legal Newsline) – The U.S. Court of Appeals for the Seventh Circuit has imposed sanctions on a plaintiff attorney after he filed litigation in an Arkansas state court where the case allegedly had no connection to Arkansas.
Court affirms pro-plaintiff NYCAL ruling
NEW YORK (Legal Newsline) – New York's highest court has found that the former manufacturer of a product that was intended to be used with asbestos from a third-party product had a duty to warn consumers.
Could copyright infringement claims be made against Melania Trump?
WASHINGTON (Legal Newsline) – Republican presidential nominee Donald Trump’s wife, Melania, recently delivered a speech at the Republican National Convention (RNC) in support of her husband’s nomination with many pointing out striking similarities to First Lady Michelle Obama’s 2008 Democratic National Convention (DNC) speech she gave in support of then-candidate Barack Obama.
Department of Labor facing lawsuits over new fiduciary regulations
FORT WORTH, Texas (Legal Newsline) — The Department of Labor (DOL) is facing several lawsuits after it was alleged that the organization had overstepped its rule-making authority when it issued new regulations in April.
FCC privacy regulations: The next litigation trend?
SEATTLE (Legal Newsline) – Broadband Internet access providers regulated by the Federal Communications Commission (FCC) should be focused on the regulations as they will have significant impacts on business practices if passed, according to a senior associate at Orrick.
U.S. SC rejects deference to DOL rule
WASHINGTON (Legal Newsline) – The U.S. Supreme Court has issued its latest decision over a decades-old question as to whether or not auto dealership “service advisers” are excluded under a specific Fair Labor Standards Act (FLSA) overtime exemption.
Calif. AG's pelvic mesh marketing lawsuit unjustified, J&J says
LOS ANGELES (Legal Newsline) – California Attorney General Kamala D. Harris recently announced that her office has taken action against Johnson & Johnson, suing the company for alleged false advertising and deceptive marketing of it surgical mesh products for women.
Lawsuit filed over balloons released after Cornhuskers score; School says they are biodegradable
OMAHA, Neb. (Legal Newsline) – A Nebraska man has filed a lawsuit against the University of Nebraska, claiming that the school’s tradition of releasing thousands of red balloons into the air after its Cornhuskers football team scores litters the planet with pieces of latex and ribbon that are harmful to wildlife.
CFPB using email between management in lawsuit
WASHINGTON (Legal Newsline) – The Consumer Financial Protection Bureau is pointing to a cartoon featuring a man using a gun that was sent in an email as it pursues litigation against two businesses.
Certification would lead to settling of class actions over Parmesan, ATRA says
CHICAGO (Legal Newsline) – Illinois resident Yvonne Averhart was one of many who filed a class action lawsuit against SuperValu Inc. last month, alleging that the company represents that its grated Parmesan cheese product is composed of 100 percent cheese when it actually consists of a mixture of cheese and non-cheese filler substance derived from wood chips.
Judge turns down $12M Lyft settlement
SAN FRANCISCO (Legal Newsline) – A federal judge has rejected a $12.25 million settlement between the ride-sharing service Lyft and its drivers, saying it doesn't pay the plaintiffs enough.
CDA bars action claiming websites facilitated sex trafficking
BOSTON (Legal Newsline) – The U.S. Court of Appeals for the First Circuit has delivered a win to Backpage.com in the case of three young girls who alleged they were victims of human trafficking after the website ran online prostitution ads featuring them, affirming that websites are immune under the Communications Decency Act (CDA).
Wis. SC says Hormel employees should be compensated for time putting on protective attire
MADISON, Wis. (Legal Newsline) – The Wisconsin Supreme Court in March upheld a decision clarifying the circumstances under which employees can be compensated for time spent donning and doffing under Wisconsin’s minimum wage and overtime laws.
Managers and supervisors can be sued individually by employees for FMLA violations, court rules
NEW YORK (Legal Newsline) – The U.S. Court of Appeals for the Second Circuit has ruled that some employees may be held individually liable for employment claims brought under the Family and Medical Leave Act, taking a split from other federal employment laws.
Neb. Dodd-Frank whistleblower retaliation case settled before trial
LINCOLN, Neb. (Legal Newsline) – A woman who claimed she was fired for reporting violations on the part of her employer has settled her Dodd-Frank Act lawsuit after a judge determined the law's whistleblower provision applied to her.
Sixth Circuit says relator added nothing to U.S. Bank case, dismisses $2.3B case
CINCINNATI (Legal Newsline) – The U.S. Court of Appeals for the Sixth Circuit has affirmed the dismissal of a False Claims Act lawsuit against U.S. Bank because the conduct alleged had previously been publicly disclosed.
OSHA releases final Dodd-Frank whistleblower regulations
WASHINGTON (Legal Newsline) – The Occupational Safety and Health Administration (OSHA) has released its final rule implementing Dodd-Frank whistleblower regulations, providing employee protection under the Consumer Financial Protection Act of 2010.
CMS publishes final rule addressing return of overpayments
WASHINGTON (Legal Newsline) – The Centers for Medicare and Medicaid Services (CMS) has issued a new rule stating that companies have within 60 days to return overpayments from federal governments after it identifies the overpayment.
Attorney: Certification in Iowa class action bucks recent trend of judges' decisions
Plaintiffs filed a motion for class certification in Muscatine County District Court seeking to certify a class of residents who lived within 1.5 miles of the Grain Processing Corporation's facility and alleged lost-use-and-enjoyment damages as a result of emissions from the defendant’s corn milling plant.