News from May 2016

Class actions will test DOL's new fiduciary rule, attorney says

By Jessica Karmasek | May 2, 2016

Last month, the U.S. Department of Labor announced its final fiduciary rule, sometimes referred to as the conflicts of interest rule. The rule mandates financial professionals who service individual retirement accounts, including IRAs and 401(k) plans, to serve the “best interest” of the savers and disclose conflicts of interest.

U.S. House passes resolution to block DOL’s fiduciary rule

By Jessica Karmasek | May 2, 2016

The rule, sometimes referred to as the conflicts of interest rule, mandates financial professionals who service individual retirement accounts, including IRAs and 401(k) plans, to serve the “best interest” of the savers and disclose conflicts of interest.

After settlement, MLB remains vulnerable to antitrust challenges

By Sharon Brooks Hodge | May 2, 2016

Although a settlement this year between Major League Baseball and its fans avoided a trial, an antitrust expert for the plaintiffs says MLB remains vulnerable to future legal challenges.

Eighth Circuit rules obesity alone is not ADA-protected

By Dawn Brotherton | May 2, 2016

ST. LOUIS (Legal Newsline) – Although the Equal Employment Opportunity Commission (EEOC) has considered morbid obesity a protected disability under the American with Disabilities Act (ADA), a federal appeals court disagrees.

Republican legislation against DOL overtime rules not likely to succeed, attorney says

By Karen Kidd | May 2, 2016

WASHINGTON (Legal Newsline) – Republican-backed legislation that would block the Obama administration's proposed Department of Labor overtime rules has little chance of success, but the option to mount a legal challenge remains, a North Carolina employment attorney says.

Abbott victory may signal time to fight, not settle False Claims Act suits

By Vanessa Van Voorhis | May 2, 2016

WASHINGTON (Legal Newsline) – Medical device companies confronted with False Claims Act lawsuits may want to give extra consideration to fighting rather than settling in light of an April 7 jury decision in favor of Abbott Laboratories, a former federal prosecutor says.

Red Stripe wins the right to call itself Jamaican

By Katelyn Kivel | May 2, 2016

SAN DIEGO (Legal Newsline) - Reasonable consumers don’t think the beer Red Stripe is actually made in Jamaica, according to U.S. District Judge Barry Ted Moskowitz.

Attorney: EPA abuses privileges to avoid FOIA

By Katelyn Kivel | May 2, 2016

An opinion piece published by Forbes recently accused the Environmental Protection Agency of continuing to operate under a veil of secrecy, evading Freedom of Information Act requests.

Customers, business allege Commonwealth Land Title paid funds to unlicensed broker

By Robbie Hargett | May 3, 2016

LOS ANGELES (Legal Newsline) - Customers and a business are suing a California land and title company, alleging it wrongfully paid commissions.

2 Illinois women accuse Chicago of issuing invalid traffic tickets

By Robbie Hargett | May 3, 2016

CHICAGO (Legal Newsline) - Two Illinois women are suing the city of Chicago, alleging it issued invalid speeding tickets.

Consumer accuses Facebook of texting members without consent

By Robbie Hargett | May 3, 2016

SAN FRANCISCO (Legal Newsline) - A Washington, D.C., woman is suing Facebook, alleging it texts its members without their consent.

California consumer alleges Campbell's misleadingly labels soup

By Robbie Hargett | May 3, 2016

SAN DIEGO (Legal Newsline) - A California consumer is suing Campbell's, alleging it misleadingly labels and advertises a certain soup.

California consumer alleges Old Spice deodorant harms skin

By Robbie Hargett | May 3, 2016

SAN FRANCISCO (Legal Newsline) - A California man is suing Procter & Gamble, alleges it sells a defective deodorant.

California consumer accuses 800Razors.com of unlawful subscription offers

By Robbie Hargett | May 3, 2016

LOS ANGELES (Legal Newsline) - A California woman is suing the operator of a website that sells razor subscriptions, alleging its automatic renewal and continuous service offers are illegal.

FTC takes action against companies for allegedly deceptive subscription notices

By Mark Iandolo | May 3, 2016

WASHINGTON (Legal Newsline) – The Federal Trade Commission (FTC) announced that it charged the operators of dozens of companies with allegations of deceiving consumers into purchasing inflated newspaper subscription prices.

West Virginia AG takes action against contractors for alleged violations of consumer laws

By Mark Iandolo | May 3, 2016

CHARLES TOWN, W.Va. (Legal Newsline) – West Virginia Attorney General Patrick Morrisey recently took action against Frederick Tarmon Sr. and Frederick Tarmon Jr., doing business as both Tarmon and Sons and Complete Handyman Service, suing for allegations of violating the state’s Consumer Credit and Protection Act.

Wells Fargo to pay $8 million to resolve allegations against predecessor Acordia

By Mark Iandolo | May 3, 2016

CHARLESTON, W.Va. (Legal Newsline) – Wells Fargo has agreed to an $8 million settlement over allegations that its predecessor, Acordia, violated the state’s Antitrust Act and its Consumer Credit and Protection Act.

Haskins Gas Service Inc. to pay relief to 96 Vermont consumers

By Mark Iandolo | May 3, 2016

MONTPELIER, Vt. (Legal Newsline) – Vermont Attorney General Bill Sorrell announced that Haskins Gas Service Inc. will pay $45,600 to 96 Vermont consumers and $15,000 in civil penalties to the state due to allegations it violated consumer protection laws.

FTC, Simple Pure Supplements marketers reach settlement agreement

By Mark Iandolo | May 3, 2016

WASHINGTON (Legal Newsline) – The Federal Trade Commission announced a proposed stipulated court order against Danelle Miller, Jason Miller and 42 corporations the couple controlled after allegations of violating the Restore Online Shoppers’ Confidence Act, the FTC Act, the Commission’s Telemarketing Sales Rule and the Electronic Fund Transfer Act.

N.J. legislation could alter class action litigation in the state

By Jessica Karmasek | May 4, 2016

The legislation would allow a person involved in a class action lawsuit to immediately appeal to the Appellate Division of the Superior Court as to the certification or decertification of the class. Sponsors of bill argue the measure will save class action litigants both time and money.

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