News from August 2016
Appeals court poised to weigh in on class certification criteria debate
?SAN FRANCISCO (Legal Newsline) – Rulings to be made by the U.S. Court of Appeals for the Ninth Circuit on cases related to class certification could have a significant impact on a split between federal court stances on how strict the criteria for certification should be, especially for suppliers of dietary supplements faced with lawsuits in California courts.
Proactive HR department leads to dismissal of Autozone sexual harassment case
MEMPHIS, Tenn. (Legal Newsline) – A swift response by the human resources department of Autozone has led to the dismissal of a sexual harassment lawsuit filed against the company by the Equal Employment Opportunity Commission (EEOC) on behalf of three female employees.
Judge rules creditors’ uncompleted phone calls to debtors still considered 'communication'
WOBURN, Mass. (Legal Newsline) — A Massachusetts Superior Court judge has ruled that missed phone calls directed to voicemail where no message is left are considered communication with a debtor.
Montana Supreme Court rules boulder crash into home is considered a landslide
HELENA (Legal Newsline) – The Montana Supreme Court issued a decision July 19 ruling that a boulder that thundered down a hillside and crashed into a house was to be considered a landslide.
Kroger included in tainted peas case
LOS ANGELES (Legal Newline) —Kroger Co. has been listed as a defendant in a recent class action lawsuit filed on behalf of customers who became ill with listeria following the ingestion of vegetables grown by Pictsweet Co. and processed by CRF Frozen Foods.
CMI agrees to commit $143 million to cleanup work at Chevron Questa Mine Superfund site
QUESTA, N.M. (Legal Newsline) — Chevron Mining Inc. (CMI) will pay $143 million in cleanup work at the Chevron Questa Mine Superfund site, the Department of Justice and U.S. Environmental Protection Agency have announced.
FTC announces settlement with Fortiline over price fixing allegations
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) has announced that Fortiline LLC will settle allegations of violating federal antitrust laws by inviting a competitor to raise and fix prices.
FTC releases new blog posts to help consumers understand settlement with Volkswagen
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) has released two new blog posts to help ensure that consumers and businesses know the facts surrounding the agency’s settlement with Volkswagen.
Xerox Healthcare pays $35,000 to settle allegations of violating disability laws
CHARLOTTE, N.C. (Legal Newsline) — The U.S. Equal Employment Opportunity Commission (EEOC) has announced Xerox State Healthcare LLC (Xerox Healthcare) will pay $35,000 after allegations of violating federal disability laws.
FTC seeks independent compliance auditor to monitor Herbalife compliance
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) has announced it is taking applications for an independent compliance auditor (ICA) to oversee Herbalife’s compliance with a judicially enforceable stipulated order for permanent injunction and monetary judgment.
BlueLinx to pay $265,000 to resolve allegations of violating SEC whistleblower laws
WASHINGTON (Legal Newsline) — BlueLinx Holdings Inc. will pay a $265,000 penalty to resolve allegations of violating securities laws, the Securities and Exchange Commission (SEC) has announced.
EEOC targets Cushman & Wakefield for allegedly violating federal disability laws
BALTIMORE (Legal Newsline) — The U.S. Equal Employment Opportunity Commission (EEOC) has announced a lawsuit against Cushman & Wakefield, charging the company with allegations of violating federal disability laws. The company allegedly fired an employee seeking reasonable accommodation to deal with her breast cancer.
Amtrak to pay $112,000 to resolve allegations of violating federal disability laws
SEATTLE (Legal Newsline) — The U.S. Equal Employment Opportunity Commission (EEOC) has announced the Washington, D.C.-based National Passenger Railroad Corporation, better known as Amtrak, will pay $112,000 after allegations of violating federal disability laws.
Emergency physicians organization fights for fair payment from insurance companies
An emergency physicians’ organization is taking aim at a ruling that decides how much insurance companies compensate emergency physicians for their services.
Attorney: Michigan ruling over unprofessional conduct a plus for school districts
LANSING, Mich. (Legal Newsline) – A recent Michigan Supreme Court decision that broadens the immunity schools in the state enjoy after reports of unprofessional conduct likely will defer future lawsuits against educational districts, an attorney says.
Investor accuses pharmaceutical company, officers of negligent misrepresentation
TRENTON, N.J. (Legal Newsline) — An investor his suing a pharmaceutical company and its officers, alleging negligent misrepresentation.
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.
Investor accuses biopharmaceutical company, officers of fraud
TRENTON, N.J. (Legal Newsline) — A Massachusetts investor is suing a biopharmaceutical company and its officers, alleging false and misleading statements regarding the company's worth.
Plumbing business to pay more than $27,000 after allegedly violating Georgia law
ATLANTA (Legal Newsline) — Aames Heating and Plumbing Inc., which does business as the Pink Plumber, and its owner Geoffrey Gillon entered an Assurance of Voluntary Compliance after allegations of violating the Georgia Fair Business Practices Act, Georgia Attorney General Sam Olens has announced.
FCC announces settlement with AT&T over 'cramming' allegations
WASHINGTON (Legal Newsline) — The Enforcement Bureau of the Federal Communications Commissions (FCC) has announced a settlement with AT&T Services to resolve allegations the company “crammed” unauthorized third-party charges on consumers’ wireless telephone bills.