News from August 2016
King County homeowners accuse shingles manufacturer of breaching warranty
SEATTLE — Two King County homeowners are suing a building materials manufacturer, alleging fraud and misrepresentation.
Consumer accuses debt collector of violating phone act
LOS ANGELES — A Los Angeles man is suing a debt collector, alleging violation of telephone harassment statutes.
EPA orders SV Land to help chemical cleanup near Sporlan Valve Plant 1 Superfund site
LENAXA, Kan. (Legal Newsline) — The U.S. Environmental Protection Agency (EPA) has announced an order to protect homes in Washington, Missouri, from potentially harmful chemical vapors in groundwater near the Sporlan Valve Plant 1 Superfund site.
EPA targets Clearview Home Improvements for alleged violations of RRP rule
SAN FRANCISCO (Legal Newsline) — Clearview Home Improvements Inc. has been fined $58,450 for allegedly failing to comply with the federal Renovation, Repair and Painting (RRP) Rule while working at seven residential properties in Southern California, the U.S. Environmental Protection Agency (EPA) has announced.
National Federation of the Blind missed opportunity to challenge DOT's airport ticketing kiosk rule
WASHINGTON (Legal Newsline) – The D.C. Circuit's recent rejection of a National Federation of the Blind's challenge to a U.S. Department of Transportation rule on airline ticketing kiosks is an opportunity lost over a technicality, two D.C.-area attorneys said during a recent interview.
District court rejects dismissal of 'coated seeds' pesticide case against EPA
SAN FRANCISCO (Legal Newsline) – A motion by the U.S. Environmental Protection Agency (EPA) asking for the immediate dismissal of a case that alleges the EPA erroneously applied regulatory exemptions to seeds coated with neonicotinoid pesticides has been denied by the U.S. District Court for the Northern District of California.
Attorney offers 'cynical' view of independent contractor litigation in the sharing economy
COLUMBUS, Ohio (Legal Newsline) – Sharing economy litigation such as the misclassification lawsuit filed in June against Grubhub is more about governments and predatory plaintiffs than anything inevitable in cooperative consumerism, an Ohio attorney opined during a recent interview.
Virginia Medicaid case booted after circuit court questions jurisdiction
RICHMOND, Va. (Legal Newsline) – In July, the 4th Circuit Court in Virginia ruled that a district court never had jurisdiction in a qui tam suit against several medical labs by the Commonwealth of Virginia over alleged Medicaid false claims, though no party or district court made the request.
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.
DOJ decides not to modify ASCAP, BMI consent decrees
WHITE PLAINS, N.Y. (Legal Newsline) — The Department of Justice announced that it has concluded looking into the proposed modifications to antitrust decrees binding the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. The department has decided no modifications are needed at this time.
New York woman accuses health insurance company of contract breach
SAN FRANCISCO — A New York woman and former California resident is suing health care providers, alleging breach of contract.
EPA: Vita Craft will eliminate hazardous air pollutant PCE
LENEXA, Kan. (Legal Newsline) — The U.S. Environmental Protection Agency (EPA) has announced Vita Craft Corporation, as part of a settlement, has agreed to install equipment designed to fully eliminate emissions of the hazardous air pollutant perchloroethylene (PCE). Vita Craft’s decision to implement this equipment goes beyond what the company is required to do by law.
California man accuses Uber of fraud
SAN FRANCISCO — A California man is suing Uber, alleging he was charged for rides he did not use.
EMSI to stop using non-compete agreements in New York state
NEW YORK (Legal Newsline) — Examination Management Services Inc. (EMSI) has agreed to stop using non-compete agreements for the majority of its employees in New York, Attorney General Eric T. Schneiderman has announced.
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.
St. Joseph's to pay $3.2 million to resolve allegations of New York False Claims Act violations
NEW YORK (Legal Newsline) — St. Joseph’s Hospital Health Center (St. Joseph’s) has agreed to pay $3.2 million after allegations of violating the federal and New York False Claims Act, according to New York state attorney general Eric Schneiderman.
FCC announces $200,000 settlement with TP-Link
WASHINGTON (Legal Newsline) — TP-Link will settle for $200,000 after allegations certain Wi-Fi routers sold by the company were not in full compliance with rules pertaining to power levels, the Federal Communications Commission (FCC) has announced.
Massachusetts contractor fined for failing to pay prevailing wages
BOSTON (Legal Newsline) — Massachusetts Attorney General Maura Healey has announced that On-Time Construction Services Inc. (On-Time) and owner Jonatas Vicente De Brito Barcelos will pay $117,082 for allegedly violating the state’s prevailing wage law and failing to submit true and accurate payroll records.
New York attorney general targets SG Hylan Motors for allegedly deceiving consumers
NEW YORK (Legal Newsline) — New York Attorney General Eric T. Schneiderman has launched a lawsuit against two Staten Island dealerships owned by SG Hylan Motors Corp, doing business as Honda of Staten Island, Staten Island Honda, Nissan of Staten Island and Staten Island Nissan (collectively “SG Hylan Motors”). Schneiderman argues that the defendants allegedly unlawfully sold “after-sale” products and services.
FTC announces settlement with marketer of Eukanuba dog food
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) has announced Mars Petcare U.S. Inc., marketers of Eukanuba dog food, will settle allegations of false advertisements.