News from February 2017
Oregon SC: PIP benefits do not include insured’s transportation costs
The state’s high court, hearing the case en banc, ruled 4-3 that plaintiff Stephanie M. Dowell was not entitled to reimbursement for the transportation costs she incurred to obtain medical care, as part of her personal injury protection, or PIP, medical benefits. PIP is an extension of car insurance that covers medical expenses and, in many cases, lost wages.
Ark. police, firefighters notch important win in class action
LITTLE ROCK, Ark. (Legal Newsline) – The Supreme Court of Arkansas on Feb. 16 decided to uphold a Faulkner County Circuit Court certified a class of Conway police and firefighters who are seeking salary increases.
Wash. SC: Cancer patient can be blamed for refusing follow-up appointment
OLYMPIA, Wash. (Legal Newline) – The Washington Supreme Court is allowing medical defendants sued over the amputation of a patient's leg to argue the patient bears some of the blame, too.
Case of unconscious bus driver resolves insurance issue in Utah
SALT LAKE CITY (Legal Newsline) – The Utah Supreme Court has decided Utah law overrules the common-law defense of sudden incapacity in a limited extent, doing so in a lawsuit regarding a bus driver who became unconscious transporting a high school band.
TCPA litigation evolving to include text message opt-out responses
NEWARK, N.J. (Legal Newsline) – A group of attorneys has warned that the "next wave" of class action lawsuits has been bringing into question the businesses’ responsibility when it comes to customers opting out of text message programs.
Survey: Law firms will increase spending on marketing
SAN FRANCISCO (Legal Newsline) – Marketing spending by law firms should be on the rise, according to a survey conducted by a legal staffing and consulting firm.
Shan and Toad to change refund policy to avoid alleged 'redlining'
TRENTON, N.J. (Legal Newsline) — New Jersey Attorney General Christopher S. Porrino announced Feb. 16 that internet children’s clothing retailer Shan and Toad will change its policy of not offering refunds for consumers in certain locations.
Muskegan Family Care to pay $21,500 after allegedly firing employee because of medical condition
DETROIT (Legal Newsline) — The U.S. Equal Employment Opportunity Commission announced Feb. 17 that Muskegon Family Care will pay $21,500 and furnish other relief after allegations of disability discrimination.
Cili Minerals enjoined from distributing allegedly misbranded products
LAFEYETTE, La. (Legal Newsline) — The U.S. Department of Justice announced Feb. 16 that Pick and Pay Inc./Cili Minerals LLC (Cili Minerals) and its owner and CEO, Anton S. Botha, have been permanently enjoined from distributing allegedly misbranded and unapproved drugs.
FTC bans American from telemarketing after allegedly helping India-based call centers deceive consumers
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) announced Feb. 15 that Joel S. Treuhaft and his company, PHLG Enterprises LLC, have been banned from aiding any telemarketers. This comes after the FTC charged him with allegations of helping telemarketers in India defraud cash-strapped U.S. consumers.
Three U.S. companies settle with FTC in case involving deception allegations
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) announced Feb. 22 that three U.S. companies will settle allegations of deceiving consumers about their participation in the Asia-Pacific Economic Cooperation (APEC) Cross-Border Privacy Rules (CBPR) system.
Abbott Labs, St. Jude Medical to divest certain business assets to complete merger
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) announced Feb. 23 the approval of a final order settling charges that Abbott Laboratories’ $25 billion acquisition of St. Jude Medical Inc. would be anti-competitive. The approval comes following a public comment period.
FTC settles with one defendant in ongoing case against alleged fake prize scheme
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) announced Feb. 21 that Ian Gamberg will settle FTC allegations in an alleged fake prize scheme that tricked consumers via mail into thinking that they had won $1 million. Gamberg is one of the defendants.
Enbridge, Spectra Energy agree to conditions for merger to preserve competition
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) announced Feb. 16 that Enbridge Inc. and Spectra Energy Corp have agreed to settle allegations that their merger would harm competition for pipeline transportation of natural gas in three production areas off the coast of Louisiana.
FTC: Leader of alleged debt relief scheme banned from selling mortgage or debt services
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) announced Feb. 23 that Gabriel D. Stewart, the alleged leader of a debt relief scheme, has been banned from selling mortgage or debt relief services.
GC Services to pay $700,000 after FTC alleges unlawful use of tactics to collect debts
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) announced Feb. 14 that debt collector GC Services will pay $700,000 after allegations of using unlawful tactics to collect federal student loans.
Appeals piling up against DOL over its fiduciary rule
A group of associations have filed an appeal in the U.S. Court of Appeals for the Fifth Circuit and a Kansas-based company has filed an appeal in the U.S. Court of Appeals for the Tenth Circuit over the controversial new 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.
Maryland launches new opiate recovery court in Harford County
The District Court of Maryland has introduced the Adult Opiate Recovery Court in Harford County, aiming to offer an alternative to incarceration for those facing opioid-related charges.
N.D. Supreme Court awards attorney fees to defendants in 'frivolous' lawsuit
BISMARCK, N.D. (Legal Newsline) – The North Dakota Supreme Court recently awarded attorney fees to defendants in a Native American tort claim case, overturning a district court decision.
N.Y. treatment facility not liable for violent actions of former resident
ALBANY, N.Y. (Legal Newsline) – The New York Court of Appeals has overturned a lower court’s decision about whether a substance-abuse treatment facility is responsible for the actions of a resident after being discharged.