News from 2016
Court affirms pro-plaintiff NYCAL ruling
NEW YORK (Legal Newsline) – New York's highest court has found that the former manufacturer of a product that was intended to be used with asbestos from a third-party product had a duty to warn consumers.
Second Circuit rules for Chevron, agrees $9.5 billion judgment against oil giant was product of fraud, racketeering
A three-judge panel of the U.S. Court of Appeals for the Second Circuit this week sided with the company, finding “no basis” for overturning the U.S. District Court for the Southern District of New York’s judgment in 2014.
Attorney: FCC exempting federal government from TCPA lawsuits ‘hypocritical’
WASHINGTON (Legal Newsline) – The federal government has made a declaration exempting itself from lawsuits brought through the Telephone Consumer Protection Act, a law at the center of numerous class actions filed every week against businesses.
Arkansas consumer accuses cooler sellers of deceptive practices
LITTLE ROCK (Legal Newsline) — A Pope County man is suing Yeti cooler sellers, alleging breach of warranty and unconscionable, false or deceptive practices.
With class members unaware of settlement, firm, founder and charities cash in
WEST PALM BEACH, Fla. (Legal Newsline) - Early this year, Howard Bernstein helped direct $1.7 million to 11 charities near his home in Lake Worth, FL -- among them, the Kravis Center for the Performing Arts in West Palm Beach.
Consumer accuses vitamin supplement manufacturer of deceptive marketing
JACKSONVILLE, Fla. — A Florida woman is suing a vitamin supplement manufacturer, alleging unqualified representation.
EPA fines three New Hampshire companies for allegedly violating RRP Rule
BOSTON (Legal Newsline) — The U.S. Environmental Protection Agency (EPA) has announced that three N.H. companies face penalties after allegations of failing to follow federal lead paint regulations at a commercial and residential property in Manchester.
Two workers allege employers owe wages
PITTSBURGH — Two Pennsylvania men are suing their employers, alleging violation of their settlement agreement.
California consumer accuses health care provider of telephone harassment
LOS ANGELES — A California woman is suing a health care provider, alleging telephone harassment.
Doctors file class action lawsuit over osteopathic association’s membership fees
A group of some 32,000 osteopathic physicians claim the American Osteopathic Association’s requirement that they purchase an annual membership at a cost of nearly $700 is illegal and “serves no purpose.”
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.