News from June 2017
Class action alleges J. Crew Factory misrepresented discounts in stores, on website
NEW YORK (Legal Newsline) — A consumer has filed a class-action lawsuit against J. Crew Inc., Chinos Holdings Inc. and other related entities alleging that the clothing manufacturers misrepresented the price of their products.
Oklahoma police pension system says Jagged Peak, multiple banks misrepresented financials
DENVER (Legal Newsline) — A pension system has filed a class action lawsuit against Jagged Peak Energy, Citigroup Global Markets, Credit Suisse Securities (USA) and other financial institutions, alleging liability and negligence.
EEOC alleges that Nebraska-based bank violated equal pay laws
ST. LOUIS (Legal Newsline) — The U.S. Equal Employment Opportunity Commission (EEOC) announced a lawsuit June 12 against Heritage Bank for allegations of paying women and men unequally for substantially equal work.
Residents of Oklahoma town say Michelin, B.F. Goodrich plant polluted area
TULSA, Okla. (Legal Newsline) — Dozens of residents of Ottawa County, Oklahoma, are suing Michelin North America Inc. and B.F. Goodrich Company, alleging liability and negligence for pollution in their community.
Banks say Burger King fudged Central American expansion prospects to get loans
MIAMI (Legal Newsline) — A group of banks from Central America and the Caribbean is suing Burger King Corporation, based in Florida, alleging fraud and negligent misrepresentation regarding loans.
Lydia E. Lawless named new bar counsel for Maryland's Attorney Grievance Commission
Lydia E. Lawless has been appointed as the new Bar Counsel for the Attorney Grievance Commission of Maryland, with her role commencing on July 1.
Supreme Court on Microsoft case: plaintiffs cannot voluntarily dismiss to appeal class certification
WASHINGTON (Legal Newsline) – The U.S. Supreme Court recently addressed a legal loophole in which a plaintiff denied class certification could voluntarily dismiss the claim with prejudice, and then appeal the adverse judgment against class certification.
Fla. Supreme Court rules caps on damages in medical malpractice lawsuits violate state constitution
TALLAHASSEE, Fla. (Legal Newsline) – The Supreme Court of Florida has backed a lower court’s ruling that caps on personal injury non-economic damages in cases of medical malpractice violate the Equal Protection Clause of the state constitution.
Fourth Circuit finds in favor of coal miner in 'mark of the beast' case
RICHMOND, Va. (Legal Newsline) – A federal appeals court in Virginia has affirmed a $586,861 jury award handed to a man who says he was forced to retire from his mining job when religious principles prevented him from using a biometric hand scanner.
Appellate court rules class action against China Agritech Inc. was not untimely
SAN FRANCISCO (Legal Newsline) – The U.S. Court of Appeals for the Ninth Circuit has reversed a lower court ruling, finding that plaintiffs are not time-barred from bringing a class action lawsuit under the Securities Exchange Act.
Kan. SC overturns decision on contingency fee; Terminated lawyer entitled to percentage of recovery
TOPEKA, Kan. (Legal Newsline) – A Kansas appeals court ruling in a dispute over a fee from a personal injury lawsuit has been overturned by the state Supreme Court .
Phoney Lawsuits: House subcommittee holds hearing on TCPA 'lawsuit abuse'
WASHINGTON (Legal Newsline) - As courts are asked to provide guidance on the future of a federal telemarketing law that was written before the cell phone era, a House subcommittee is hearing suggestions on how to modernize it.
Panel explores overlapping criminal enforcement actions against companies and how penalties are determined
NEW YORK (Legal Newsline) – Insight into the process of crafting of financial penalties for companies alleged to have engaged in corporate misconduct was a prominent topic of discussion in a recent seminar held June 7.
Attorney says California's meal and break laws 'hard for small businesses'
SAN FRANCISCO (Legal Newsline) – A California labor and employment attorney says the state's meal and break laws are a struggle for many types of businesses to meet.
Ohio high court rules Alliance Petroleum, Anadarko did not violate oil and gas lease terms
COLUMBUS, Ohio (Legal Newsline) – The Ohio Supreme Court has affirmed a Fourth District Court of Appeals ruling and remanded a legal battle over an oil and gas lease back to the trial court.
R.I. Supreme Court upholds ruling in allegedly faulty stairs case
PROVIDENCE, R.I. (Legal Newsline) – The Rhode Island Supreme Court recently upheld a summary judgment in a premises liability case in which a woman claimed she was injured when she fell through faulty stairs.
Eighth Circuit affirms dismissal of TCPA class action
ST. LOUIS (Legal Newsline) –The U.S. Court of Appeals for the Eighth Circuit has upheld the dismissal of a class action lawsuit filed against Fairview Health Services alleging that the company made unauthorized telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA).
Trial court had no grounds to dismiss wrongful death lawsuit, Oregon Supreme Court rules
SALEM, Ore. (Legal Newsline) – The Oregon Supreme Court has reversed trial and appellate courts’ decision to dismiss a wrongful death lawsuit against Rogue Valley Medical Center and Dr. Alison Savage.
Judge rules law firm was acting as debt collector in FDCPA case
PROVIDENCE, R.I. (Legal Newsline) – A federal judge on May 10 denied a law firm's claim to dismiss a complaint that it is acting as a debt collector.
Lipitor mass action not subject to CAFA
SANTA ANA, Calif. (Legal Newsline) – U.S. District Judge Cormac Carney has granted plaintiffs' motion to remand their claims against a global pharmaceutical company to a state court after the defendant had removed it to federal court under the Class Action Fairness Act.