News from July 2016
Ninth Circuit throws out suit against fomer NFL star Theismann
SAN FRANCISCO (Legal Newsline)—The Ninth Circuit Court of Appeals in San Francisco recently dismissed a false advertising suit against celebrity endorser and former NFL player Joe Theismann.
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.
Judge K. Christy Holt Chesser named administrative judge for three Maryland counties
The District Court of Maryland has appointed Judge K. Christy Holt Chesser as the new administrative judge for District 4, which encompasses Calvert, Charles, and St. Mary’s counties.
Wells Fargo to pay $16 million to settle TCPA class action
The proposed class action, filed in a Georgia federal court last year, alleges the financial institution called the plaintiffs on their cell phones through the use of an automatic telephone dialing system without their permission in violation of the Telephone Consumer Protection Act.
Judge Dorothy J. Wilson appointed as district administrative judge for Baltimore County
The District Court of Maryland has announced the appointment of Judge Dorothy J. Wilson as the new administrative judge for District 8, which includes Baltimore County.
Arizona court puts modern-day cyber insurance under the microscope
PRESCOTT, Ariz. (Legal Newsline) – A recent ruling by an Arizona federal court involving cyber insurance policies and coverage have come into focus with the P.F. Chang’s China Bistro v. Federal Insurance Co. case.
Court: Cash in lieu of benefits must be in the overtime pay calculation
SAN FRANCISCO (Legal Newsline) – A recent 9th Circuit Court of Appeals ruling on an issue that had never been decided by any court in the country said municipalities and employers must include cash paid to employees in lieu of health care benefits in the calculation of overtime pay.
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.
Salmonella case brings corporate culpability into focus
ST. LOUIS (Legal Newsline) – The question of supervisory liability was recently raised in an
appeals court case concerning salmonella in eggs.
Wallenius Wilhelmsen Logistics to pay $98.9 million after price fixing allegations
BALTIMORE (Legal Newsline) — The Department of Justice has announced Wallenius Wilhelmsen Logistics AS (WWL) will pay $98.9 million after allegations of conspiring to fix prices of international ocean shipments for roll-on, roll-off cargo in Baltimore.
SSR Construction, owner OK $27,000 settlement after allegations of violating wage laws
BOSTON (Legal Newsline) — Massachusetts Attorney General Maura Healey has announced SSR Construction Inc. and its owner Peter Slivka will pay more than $27,000 in restitution and penalties after allegations of violating the state’s prevailing wage laws.
3 corporations owe more than $29 million after settlement with Florida, FTC
WASHINGTON (Legal Newsline) — Florida Attorney General Pam Bondi and the Federal Trade Commission have announced hat PC Cleaner, Inc., Netcom3 Global, Inc., Netcom3, Inc. and Cashier Myricks, the principal of the three corporations, will pay more than $29 million to settle allegations of deceptive marketing.
Omaha Performing Arts Center to add wheelchair seating at Orpheum Theater
OMAHA (Legal Newsline) — The Omaha Performing Arts Society (OPAS) will settle a case involving allegations of violating the Americans with Disabilities Act (ADA) at the Orpheum Theater in Omaha, the Department of Justice has announced. OPAS allegedly failed to ensure that the theater provided access to the disabled after undergoing renovations.
FTC approves final orders against 4 companies that allegedly misrepresented 'all-natural' products
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) has announced it has approved four final consent orders after public comment periods, settling claims against companies for allegedly misrepresenting their products as “all-natural” or “100 percent natural” despite having man-made ingredients.
Det Norske Veritas, Dynamic Risk Assessment to conduct analyses of Enbridge Line 5 pipelines
LANSING, Mich. (Legal Newsline) — Michigan Attorney General Bill Schuette, along with the Michigan Agency for Energy, Department of Environmental Quality, and Department of Natural Resources, has announced Det Norske Veritas (U.S.A.) Inc. and Dynamic Risk Assessment Systems Inc. have been chosen to conduct independent risk analysis and alternatives analysis, respectively, for the Enbridge Line 5 pipelines that go below the Straits of Mackinac.
FTC finalizes consent order against Progressive Chevrolet Company
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) has announced that, following a public comment period, it has approved a final consent order against Progressive Chevrolet Company and Progressive Motors Inc. of Massillon Ohio.
Evercare to pay $18 million for allegedly violating False Claims Act
DENVER (Legal Newsline) — The Department of Justice has announced Evercare Hospice and Palliative Care will pay $18 million after False Claims Act violation allegations involving claiming Medicare reimbursement for unnecessary services.
Calif. firm makes name defending FedEx against DOJ's 'epic failure'
Arguedas Cassman & Headley LLP, in Berkeley, California, successfully defended FedEx Corporation against the Department of Justice over charges that the Memphis-based global courier conspired to transport illegal prescription drugs. Last month, the U.S. Attorney’s Office moved to dismiss the indictment.
Attorney: DOJ's pursuit of Post Office's competitors shows hypocrisy of administration
The USPS, which provides similar delivery services as FedEx and UPS, is highly unlikely to be pursued by the U.S. Department of Justice for its possible role in transporting illegal prescription drugs. Legal experts point to the Post Office’s poor financial health and the federal government’s reluctance to enforce rules against themselves.
Maryland expands electronic case filing to Upper Eastern Shore
Beginning July 18, a new case management system will be implemented in courts across Caroline, Cecil, Kent, Queen Anne’s, and Talbot counties.