News from May 2017
Rite Aid wins TCPA suit over health care reminder calls
NEW YORK (Legal Newsline) – In a recent court decision, Rite Aid won the right to place pre-recorded calls to customers and remind them to get a flu shot.
Maryland alleges assisted living facility violated False Health Claims Act
BALTIMORE (Legal Newsline) — Maryland Attorney General Brian E. Frosh announced May 22 that his office has taken action against Kris-Leigh Catered Living of Severna Park, LLC and its owners (“Kris-Leigh”) for allegations of violating the Maryland False Health Claims Act.
Mo. Supreme Court gives new life to medical malpractice case
JEFFERSON CITY, Mo. (Legal Newsline) – The Supreme Court of Missouri has overturned a jury verdict against a woman whose esophageal lining allegedly was torn during a medical procedure.
ConocoPhillips to pay $39 million to settle environmental damage allegations
NEW YORK (Legal Newsline) — New Jersey Attorney General Christopher S. Porrino announced May 25 that the ConocoPhillips Company will pay $39 million after allegations of environmental damage and injury to natural resources caused by a gasoline additive known as methyl tertiary butyl ether (MTBE).
EPA, Justice Department target Fiat Chrysler for alleged circumventing of Clean Air Act
WASHINGTON (Legal Newsline) — The U.S. Department of Justice (DOJ) and the U.S. Environmental Protection Agency (EPA) announced May 23 the filing of a civil complaint in federal court in Detroit, against FCA US LLC, Fiat Chrysler Automobiles N.V., V.M. Motori S.p.A., and V.M. North America Inc. (collectively, “FCA”).
EPA places 90-day administrative hold on guidelines for landfills
WASHINGTON (Legal Newsline) — The U.S. Environmental Protection Agency (EPA) announced May 23 a 90-day administrative stay for the August 2016 New Source Performance Standards and Emissions Guidelines for municipal solid waste landfills.
District of Columbia joins 42 states in $33 million settlement with Johnson & Johnson
WASHINGTON (Legal Newsline) — District of Columbia Attorney General Karl A. Racine announced May 24 that the district and 42 states will receive $33 million after a settlement with Johnson & Johnson and Johnson & Johnson Consumer Inc. related to the sale of allegedly adulterated versions of common over-the-counter (OTC) drugs.
Court rules Wells Fargo liable 20 percent penalty after allegedly abusive tax shelter
MINNEAPOLIS (Legal Newsline) — The U.S. Department of Justice announced May 25 that a federal court in Minneapolis ruled Wells Fargo is liable for a 20 percent negligence penalty for the $350 million of foreign tax credits it claimed while participating in an alleged abusive tax shelter called the Advantaged Repackaged Securities (STARS).
New York secures settlement with company that sells Bluetooth-enabled doors, padlocks
NEW YORK (Legal Newsline) — New York Attorney General Eric T. Schneiderman announced May 22 that Safetech Products LLC and owner Ryan Hyde have agreed to settle allegations of selling insecure wireless door and padlocks.
EPA settles with Hawaii farm that allegedly misused pesticides, violated safety regulations
HONOLULU (Legal Newsline) — The U.S. Environmental Protection Agency (EPA) announced May 25 that Wonder Farm Inc. has agreed to settle allegations of misusing pesticides and violating worker safety regulations at its basil farm in Waianae, Hawaii, on the island of Oahu, by paying a $26,700 penalty.
FTC targets alleged student loan debt relief scam
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) announced May 25 that it has taken action against a scheme that allegedly duped millions of dollars from consumers by falsely promising student loan debt relief and credit repair.
California urges Trump administration to close so-called 'bomb train' loophole
SACRAMENTO, Calif. (Legal Newsline) — California Attorney General Xavier Becerra announced May 25 that he has urged the Trump administration to close a loophole that allows highly flammable, highly explosive crude oil to be shipped by freight rail via so-called “bomb trains” through communities in California.
Oklahoma attorney general urges consumers to avoid LayZ Board hoverboards
OKLAHOMA CITY (Legal Newsline) — Oklahoma Attorney General Mike Hunter announced May 23 that he has urged Oklahomans to stop purchasing or using LayZ Board Hoverboards.
Justice Department settles with onion farm that allegedly discriminated against U.S. citizens
WASHINGTON (Legal Newsline) — The U.S. Department of Justice announced May 23 that Carrillo Farm Labor LLC (Carillo Farm), an onion farm in Deming, New Mexico, has agreed to settle allegations that it discriminated against U.S. citizens and instead hired mostly foreign visa workers.
EPA administrator signs proposal to postpone compliance date for ELG Rule
WASHINGTON (Legal Newsline) — The U.S. Environmental Protection Agency (EPA) announced May 25 that Administrator Scott Pruitt has signed a proposed rule aimed at postponing the date that companies would need to come under compliance with the effluent limitations guidelines and standards for steam electric power plants (ELG Rule).
Blistex: Lip ointment tube is not deceptive, unless 'toothpaste tubes everywhere be deemed deceptive'
CHICAGO (Legal Newsline) – Lip product manufacturer Blistex has filed a motion to dismiss a class action complaint against it alleging that it uses deceptive packaging for one of its products.
District of Columbia settles with financial group that allegedly duped cash-strapped consumers
WASHINGTON (Legal Newsline) — District of Columbia Attorney General Karl A. Racine announced May 23 that his Office of Consumer Protection has settled with Burlington Financial Group LLC (Burlington) and its owner and manager, Sang Yi, for allegations of falsely promising to reduce consumer debt.
Effort to appeal legal fees awarded in eviction case falls short
PORTLAND, Maine (Legal Newsline) – The Maine Supreme Judicial Court has upheld a lower court’s post-judgment order awarding a woman $8,000 in legal fees, far below the $60,000 she had requested.
Menard says its 4-by-4s the proper size in response to class actions
CHICAGO (Legal Newsline) – Attorneys for Menard Inc. have issued a motion to dismiss a class action lawsuit accusing the company of misleading its customers about the size of its lumber.
Missouri high court lowers amount awarded to Kansas City School District employee
JEFFERSON CITY, Mo. (Legal Newsline) – The Missouri Supreme Court on May 16 lowered the amount awarded by a lower court in a wrongful discharge claim of a former employee of the Kansas City School District.