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News from October 2015

Attorney: Federal consumer protection agency should enforce laws, not create them

By Hanna Nakano | Oct 26, 2015

The Consumer Financial Protection Bureau is considering a new rule that would ban companies from using arbitration clauses that block class action lawsuits.

Iowa city files class action lawsuit over so-called ‘flushable’ bathroom wipes

By Jessica Karmasek | Oct 26, 2015

The City of Perry, in its lawsuit filed in a New York federal court earlier this month, claims the wipes have damaged its sewer lines and some of its buildings.

Report: Data breach cases coming from all directions

By John O'Brien | Oct 27, 2015

Federal and state regulators, along with plaintiffs attorneys, are focusing more and more on the data security practices of companies, a new report says.

Settlement reached in class action over Subway sandwich sizes

By Jessica Karmasek | Oct 27, 2015

Earlier this month, a federal judge gave preliminary approval and certified a settlement class in a lawsuit filed against the restaurant chain over its six- and 12-inch-long subs. A group of plaintiffs alleged the sandwiches were not the advertised length.

MDL cases are basically class actions, attorney feels

By John O'Brien | Oct 27, 2015

Individual lawsuits that end up being consolidated in federal courts are being treated like class actions, a Skadden Arps attorney said Tuesday.

Firm that allegedly took $93M in financing to buy thousands of pelvic mesh cases leads in TV advertising, report says

By John O'Brien | Oct 27, 2015

Trial lawyers will spend almost $900 million this year in broadcast advertising, a new report projects, with a firm that allegedly recently took in more than $90 million in funding to purchase lawsuits leading the way.

Plaintiffs’ attorneys’ fees in shareholder class actions doubled

By Jessica Karmasek | Oct 27, 2015

A North Carolina business court ruled that the attorneys are entitled to $550,000 instead of $275,000, but refused to award fees any higher than North Carolina’s rate for such litigation.

Third Circuit: ‘Regular users’ of telephone lines can sue under TCPA

By Jessica Karmasek | Oct 28, 2015

The federal appellate court said in a ruling this month that such a user has standing to sue under the federal law even if he or she is not the intended recipient of the call or the line subscriber.

Missouri sues Charter Communications, alleging illegal telemarketing

By Hoang Tran | Oct 28, 2015

The state of Missouri is suing a media provider, alleging illegal telemarketing practices.

Attorney: UFC's lawsuit against New York likely to succeed, leading to 2016 event

By Anna Aguillard | Oct 28, 2015

A lawsuit filed by the UFC with the goal of changing the state’s laws on combative sports looks “likely” to succeed, lawyer and combat sports law consultant Erik Magraken believes.

ATRA, plaintiffs lawyer dispute status of asbestos docket in Newport News

By Jon Campisi | Oct 29, 2015

This year, a national legal reform group shed more light on an asbestos docket in Virginia by downgrading Newport News to a “Judicial Hellhole,” though an asbestos attorney there claims the report is propaganda.

Alaska, Justice Department won't seek additional damages in Exxon Valdez settlement

By Emily Moore | Oct 29, 2015

WASHINGTON, D.C. (Legal Newsline) -- The Department of Justice and the state of Alaska have announced they will not seek additional damages under the 1991 Exxon Valdez oil spill settlement.

Flushable wipes not causing septic problem, INDA president says

By Anna Aguillard | Oct 29, 2015

Lawsuits seeking recovery from harm allegedly caused by flushable wipes are “missing the target,” according to Dave Rousse, president of the Association of the Nonwoven Fabrics Industry.

Kentucky AG asks makers of Four Loko to lower alcohol content

By Emily Moore | Oct 31, 2015

Kentucky Attorney General Jack Conway recently joined 16 other state attorneys general in writing a letter to Phusion Projects asking that the alcohol content in its malt beverage product Four Loko be lowered.

Frosh: Prohibit arbitration clauses in long-term care contracts

By Emily Moore | Oct 31, 2015

Maryland Attorney General Brian Frosh was among 14 state attorneys general who recently told the Centers for Medicare and Medicaid Services (CMS) that arbitration agreements should be prohibited in long-term care contracts.

NuVasive reaches $13.5 million settlement with Maryland, other states

By Emily Moore | Oct 31, 2015

Allegations by six states against medical device company NuVasive for improperly marketing a spinal surgery product and providing illegal kickbacks have been settled for $13.5 million, Maryland Attorney General Brian Frosh recently said.

Maine alleges EPA is setting double standard for water quality in state

By Emily Moore | Oct 31, 2015

Maine will amend a lawsuit against the U.S. Environmental Protection Agency (EPA) to challenge alleged unlawful actions creating a double standard regarding water quality protections in the state.

Ohio hospital will pay $4.1 million settlement in Medicare/Medicaid fraud case

By Emily Moore | Oct 31, 2015

West Chester Memorial in Cincinnati has agreed to a $4.1 million settlement after allegations of billing federal health care programs for medically unnecessary spinal surgeries, the U.S. Department of Justice recently announced.

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