News from April 2017

Restaurant delivery firm sued over alleged texting abuse

By Jenie Mallari-Torres | Apr 3, 2017

Consumers have filed a class action lawsuit against an online restaurant delivery company, citing an alleged violation of the Telephone Consumer Protection Act (TCPA).

Internet services firm sues Santa Fe for damages

By Wadi Reformado | Apr 3, 2017

A New Mexico internet service provider is suing the city of Santa Fe, citing an alleged violation of federal law.

Texas SC upholds part of lawsuit filed by church alleging lawyer took millions

By Laura Halleman | Apr 3, 2017

The Texas Supreme Court upheld and reversed part of a lawsuit involving millions of dollars allegedly being taken from the First United Pentecostal Church of Beaumont by Leigh Parker, an attorney with Lamb Law Firm PC, after the church entrusted the money to the firm for safekeeping.

Widowed Mobile man must mediate with funeral home, Alabama SC rules

By Corinne Lincoln-Pinheiro | Apr 3, 2017

A Mobile, Ala., man, who appealed an order to abide by a funeral home’s arbitration clause, has to accept the contract terms he originally agreed to after a dispute arising from the alleged mishandling of his wife’s cremation, the state's high court ruled last month.

Vitamin Shoppe sued over muscle-building supplement

By Louie Torres | Apr 3, 2017

A consumer has filed a class action lawsuit against New Jersey-based Vitamin Shoppe Inc., citing alleged negligent misrepresentation of its glutamine products.

Environmental group files suit over Klamath conservation plan

By Wadi Reformado | Apr 3, 2017

A non-profit organization is suing the U.S. Fish and Wildlife Service, citing alleged violations of federal law over the agency's approval of a Klamath Basin conservation plan.

Consumers file class action against popular legging company

By Wadi Reformado | Apr 3, 2017

Consumers have filed a class action lawsuit against LuLaRoe LLC, LLR Inc. and the company's founders, DeAnne Brady and Mark Stidham, citing alleged breach of warranty, design defect and product liability.

Lawsuit accuses medical technologies firm of securities violations

By Wadi Reformado | Apr 3, 2017

An individual has filed a class action lawsuit against an Arizona corporation, Insys Therapeutics Inc., and its officers, Santosh J. Vetticaden and Darryl S. Baker, citing an alleged violation of federal securities law.

FTC files charges over invention-promotion scheme

By Mark Iandolo | Apr 3, 2017

The Federal Trade Commission has charged Scott Cooper and his companies, World Patent Marketing Inc. and Desa Industries Inc., with deceiving consumers and suppressing complaints through the threat of criminal prosecution.

Environmental group’s lawsuit over federal commission’s review process dismissed

By Jessica Karmasek | Apr 3, 2017

In her decision last month, Judge Tanya S. Chutkan for the U.S. District Court for the District of Columbia refused to side with plaintiff Delaware Riverkeeper Network. DRN sued the Federal Energy Regulatory Commission over allegations that the commission’s review process is “constitutionally deficient.”

Spokeo decision may not protect magazine sellers who violate VRPA

By S. Laney Griffo | Apr 4, 2017

A Michigan court ruled the U.S. Supreme Court's decision in Spokeo Inc. v. Robins will not protect alleged violators of Michigan’s Video Rental Privacy Act (VRPA).

Change in condition claim by Charleston County School District employee remanded

By Dawn Geske | Apr 4, 2017

The decision barring a change in condition claim in a case of a school employee injured during a student fight has been reversed and remanded by the South Carolina Court of Appeals.

Arkansas SC justice criticizes peers for eroding plaintiff's constitutional rights

By John Myers | Apr 4, 2017

An Arkansas Supreme Court justice, in a recent dissenting opinion, said she worries her peers have contributed to a trend that is eroding a citizen's constitutional right to a trial by jury.

Kansas SC affirms decision awarding employee injury benefits despite fraudulent application

By Sara McCleary | Apr 4, 2017

The Kansas Supreme Court has upheld a state Court of Appeals decision that a fraudulent employment application does not preclude a person from being considered an employee under the Kansas Workers Compensation Act.

Court rules that late response to homeowner's letter allowed Right to Repair Act case to proceed

By Charmaine Little | Apr 4, 2017

A recent case in the 4th District Court of Appeals in California has possibly set the precedent for the legal relationship between homeowners and builders.

Fifth Circuit dismisses class member’s duplicative individual claim against USPS

By Pam Wright | Apr 4, 2017

The U.S. Court of Appeals for the Fifth Circuit recently upheld a lower court’s ruling to dismiss an individual claim brought by a U.S. Postal Service worker, saying the case was already subsumed in another pending class action administrative complaint.

Arizona files sanction-related motions against Advocates for Individuals with Disabilities

By Mark Iandolo | Apr 4, 2017

Arizona Attorney General Mark Brnovich recently announced that his office has filed a series of sanction-related motions against Advocates for Individuals with Disabilities (AID).

DaVita to divest 7 clinics to complete acquisition of competitor Renal Ventures Management

By Mark Iandolo | Apr 4, 2017

The Federal Trade Commission (FTC) recently announced that DaVita Inc., a national outpatient kidney-dialysis chain, will divest ownership interest in seven clinics in order to complete its $358 million acquisition of competitor Renal Ventures Management LLC.

FTC targets online marketers for allegedly duping consumers

By Mark Iandolo | Apr 4, 2017

The Federal Trade Commission (FTC) recently announced it has charged a group of online marketers with allegations of deceptively luring consumers into unknowingly paying for cooking gadgets, golf equipment and access to related online subscription services.

Santander settles with Massachusetts, will pay $22 million for unfair loans allegations

By Mark Iandolo | Apr 4, 2017

Massachusetts Attorney General Maura Healey recently announced that Santander Consumer USA Holdings Inc. will pay $22 million after allegations it was involved in facilitating unfair, high-rate auto loans for thousands of car buyers in the state.

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