News from May 2017
Justice Department files second complaint against UnitedHealth Group alleging Medicare fraud
LOS ANGELES (Legal Newsline) — The U.S. Department of Justice announced May 16 that has it filed a second complaint against UnitedHealth Group Inc. (UHG) for allegations of knowingly obtaining inflated risk adjustment payments based on untruthful and inaccurate information about its UHG’s Medicare Advantage plan beneficiaries and their health statuses.
Pamila J. Brown named administrative judge for Carroll and Howard counties
Howard County District Judge Pamila J. Brown has been appointed as the Administrative Judge for District 10, covering Carroll and Howard counties in Maryland.
Insurance officials, business defense urge delay in vote of liability insurance Restatement
PHILADELPHIA (Legal Newsline) - Business attorneys, state insurance regulators and state lawmakers are so troubled over an impending final vote on a proposed Restatement of law covering liability insurance that they are urging American Law Institute (ALI) officials to delay it, and consider making significant changes to the document.
N.Y. high court says it must dismiss Facebook appeals over user information
In July 2013, a state Supreme Court issued 381 warrants directed at Facebook upon a warrant application by the New York County District Attorney’s Office. The warrants sought subscriber information and content from numerous user accounts in connection with a pending criminal investigation into allegations of widespread Social Security Disability fraud.
Racketeering lawsuit against Philadelphia asbestos firm refiled in Pennsylvania
The Illinois-based industrial manufacturer, after having its lawsuit dismissed by an Illinois federal judge in March, has filed another lawsuit against Philadelphia-based Shein Law Center and attorney Benjamin P. Shein, claiming the firm “devised and implemented a scheme” to defraud JCI and others. JCI filed its complaint in the U.S. District Court for the Eastern District of Pennsylvania May 12.
Soda maker wants dismissal of 'copy-cat' complaint over Canada Dry Ginger Ale
LOS ANGELES (Legal Newsline) – The makers of Canada Dry Ginger Ale have filed a motion to dismiss a second complaint brought by consumers alleging false advertising by using the phrase “made from real ginger” on the product.
Judge Patricia L. Mitchell named administrative judge for Montgomery County
Montgomery County District Judge Patricia L. Mitchell has been appointed as the Administrative Judge for District 6 of the District Court of Maryland, effective July 1.
Law prof: Trump's lawless behavior with fiduciary rule undermines process
Mercer Bullard, a University of Mississippi law professor and founder of Fund Democracy, a group that advocates for mutual fund shareholders, is puzzled by the U.S. Department of Labor’s 60-day delay, arguing the rule had one of the most thorough vettings.
Attorney: Victory for defendant in HGH class action 'bucks a national trend'
SAN FRANCISCO (Legal Newsline) – A California woman who appealed dismissal of her class action lawsuit alleging false advertising of human growth hormone (HGH) supplements saw the decision upheld recently.
California Supreme Court clarifies day of rest requirements for employees
SAN FRANCISCO (Legal Newsline) – The California Supreme Court has answered questions posed by the U.S. Court of Appeals for the Ninth Circuit in a case involving the day of rest statutes regarding employment.
Minnesota federal judge again approves certification of Target data breach class action
The U.S. Court of Appeals for the Eighth Circuit sent the case back to the U.S. District Court for the District of Minnesota in February. Judge Paul A. Magnuson, in an order Wednesday, granted the consumer plaintiffs’ renewed motion to certify the class.
Montana joins 36 other states in urging expansion of Medicaid fraud authority
HELENA, Mont. (Legal Newsline) — Montana Attorney General Tim Fox announced May 10 that he has joined 36 other states and the District of Columbia in urging U.S. Department of Health and Human Services Secretary Tom Price to expand the Medicaid fraud authority so it can address more resident abuse and neglect cases.
Rhode Island accuses multiple oil companies of contaminating groundwater
PROVIDENCE, R.I. (Legal Newsline) — Rhode Island is suing dozens of oil companies, alleging violation of state and federal law.
Petroleum trade association alleges Interior Department violated law
CHEYENNE, Wyo. (Legal Newsline) — A national petroleum trade association is suing the U.S. Interior Department, alleging violation of federal law.
Class action filed over anti-allergy Nestle products
CHICAGO (Legal Newsline) — An Illinois consumer has filed a class action lawsuit against Nestle, alleging liability, negligence and negligent misrepresentation.
Environmental groups allege EPA violated federal law
BALTIMORE (Legal Newsline) — Environmental groups are suing the EPA, alleging violation of federal law.
Pension fund alleges Rackspace Holsting, board members violated law
NEW YORK (Legal Newsline) — A pension fund has filed a class action lawsuit against a company and its board members, alleging violation of federal law.
Alere sued over INRatio testing kit
NEW HAVEN, Conn. (Legal Newsline) — A consumer is suing a Massachusetts corporation, alleging unfair competition and violation of state law.
Calif. business challenges autographed books law
SAN FRANCISCO (Legal Newsline) — A California book signing business and its owner are suing the California attorney general, alleging violation of federal law.
CHOICE Act aims to end taxpayer-funded bailouts; opponents argue it guts Dodd-Frank protections
U.S. Rep. Jeb Hensarling, R-Texas, introduced the Financial CHOICE Act, or H.R. 10, in late April. The bill was advanced by the U.S. House Financial Services Committee, which Hensarling chairs, earlier this month.