News from September 2017
Calif. appeals court affirms $3.75 million judgment against cigarette manufacturer
Plaintiff Tajie Major sued several cigarette manufacturers her husband, William, had smoked, as well as manufacturers of asbestos to which he had been exposed, alleging both his smoking and asbestos exposure caused his lung cancer and death.
Seventh Circuit shoots down cosmetology student's attempt to be considered an employee
CHICAGO (Legal Newsline) – The U.S. Court of Appeals for the Seventh Circuit has affirmed a decision that a cosmetology student who worked at a beauty school salon was not an employee of the school.
New Kentucky ruling could cause more class actions over wage disputes
FRANKFORT, Ky. (Legal Newsline) – A landmark ruling by the Kentucky Supreme Court on Aug. 24 allowing class action lawsuits at the state level in cases involving wage and hour disputes could cause a spike in the number of such lawsuits.
Former postal service employee on Workers' Comp seen zip-lining, tossing logs on Facebook, prosecutors say
TRENTON, N.J. (Legal Newsline) — New Jersey Attorney General Christopher S. Porrino and the Office of the Insurance Fraud Prosecutor (OIFP) announced Sept. 18 that a former employee of the U.S. Postal Service in Cape May County has been charged with stealing more than $75,000 in compensation benefits.
California files concurrent complaint, settlement against Gatorade for alleged misleading marketing
SACRAMENTO, Calif. (Legal Newsline) — California Attorney General Xavier Becerra announced Sept. 21 a concurrent complaint and settlement against The Gatorade Company. Gatorade will pay $300,000, of which $120,000 will be used to fund education and research on water consumption.
Walgreens resolves New York anti-competitive concerns, agrees to acquire fewer Rite Aid stores
NEW YORK (Legal Newsline) — New York Attorney General Eric T. Schneiderman announced Sept. 19 that Walgreens has agreed to restructure its acquisition deal with Rite Aid to address concerns the acquisition could harm competition in the New York City area.
Consumer claims Direct Home Energy Solutions called without consent
SAN DIEGO (Legal Newsline) – A California individual alleges a home energy company unlawfully called him for marketing purposes.
Oorah Inc. seeks damages over lawsuit against Covista Communications
NEW YORK (Legal Newsline) – A New Jersey organization has filed suit over allegations that the defendant parties conspired to delay a lawsuit.
Herbalife is corrupt, Circle of Success events are useless, lawsuit claims
MIAMI (Legal Newline) – Calling Herbalife a "corrupt organization of individuals," several plaintiffs have filed a class action lawsuit over allegations that the multi-level marketing company's Circle of Success events are "valueless."
Calif. appeals court issues ruling on chemical company’s excess insurance policies
At issue before the California Court of Appeal, Second Appellate District, Division 3, is the sequence in which Montrose Chemical Corporation of California may access its excess comprehensive general liability, or CGL, policies to cover its liability for the environmental injuries caused by the chemical dichlorodiphenyltrichlorethane, also known as DDT.
Some claims allowed to proceed against Doty Bros.; L.A. court had ruled they were subject to arbitration
LOS ANGELES (Legal Newsline) – A recent California Court of Appeals Second District, Division Seven ruling was a partial win for a former truck driver who sued his old company for alleged labor code violations.
Google equal pay lawsuit part of growing field of litigation
SAN FRANCISCO (Legal Newsline) – Three women recently filed a lawsuit in San Francisco County Superior Court against Google, alleging the company pays female employees lower wages and overlooks them for promotions.
Judge says reasonable consumer could be fooled by slack fill in Hot Tamales, Mike and Ike's
JEFFERSON CITY, Mo. (Legal Newsline) – Candy company Just Born Inc.’s attempt to dismiss a lawsuit over slack-fill techniques was denied by the U.S. District Court for the Western District of Missouri, Central Division on July 21.
EPA claims it has spent $6.3 million for clean up of New Jersey property
CAMDEN, N.J. (Legal Newsline) – A business operating a site in Gloucester County, New Jersey, and its owners are alleged to be liable for response costs spent by a governmental agency addressing environmental hazards.
Consumers claim Dometic Corp. appliances have defects that create a fire risk
LOS ANGELES (Legal Newsline) – Consumers have filed a class action lawsuit against a manufacturer of refrigerators and cooling units over allegations that defects in the products create a serious risk of fire and other bodily harm from inhalation.
Hospitality Raisin Bran cereal alleged to contain excessive amount of slack-fill
LOS ANGELES (Legal Newsline) – A California consumer claims that his assignor was misled into believing that cereal box had more product in it than it actually did because of the package design.
Consumer alleges she lost credit card perks because of Nordstorm's authorization charges
LOS ANGELES (Legal Newsline) – Nordstrom is alleged to have double-charged consumers for their purchases and a California consumer has filed suit to stop the practice.
Calif. federal court dismisses alleged ‘professional spammer’ from lawsuit over unsolicited emails
Last week, the U.S. District Court for the Northern District of California granted defendant Panda Mail’s motion to dismiss.
Litigation over length of Subway’s footlong sandwiches to continue; plaintiffs say they plan to pursue case
The plaintiffs filed their notice of termination of settlement agreement days after the U.S. Court of Appeals for the Seventh Circuit’s Aug. 25 decision. The Seventh Circuit reversed the U.S. District Court for the Eastern District of Wisconsin’s decision certifying a proposed class and approving a settlement in the case, calling it “utterly worthless.”
District court denies motions to dismiss securities fraud class action against Banc of California
LOS ANGELES (Legal Newsline) – A U.S. district court has denied motions to dismiss a securities fraud class action lawsuit against Banc of California and its former CEO Steven Sugarman.