News from September 2017
FDA action becomes issue in class action against maker of CoolSculpting System
LOS ANGELES (Legal Newsline) – The defendant in a class action regarding a “cool sculpting” product supposed to reduce body fat is seeking dismissal of the suit.
Montana Supreme Court reverses $2.7 million ruling in Billings police union case
BILLINGS, Mont. (Legal Newsline) – The Montana Supreme Court has reversed a district court's ruling holding that the city of Billings incorrectly paid longevity wage benefits under a negotiated collective bargaining agreement (CBA).
Consumer claims Spectracide herbicide maker falsely advertises concentrate amounts
LOS ANGELES (Legal Newsline) – A California man alleges that an herbicide concentrate falsely advertises the amount of gallons it makes.
Drunk stripper's car wreck provides complicated liability issue for Ohio Supreme Court
COLUMBUS, Ohio (Legal Newsline) – A strip club seems to have evaded a nearly $3 million verdict after the Ohio Supreme Court found the sole claim for a woman injured by a drunk-driving stripper would be under the state's Dram Shop Act.
Conn. SC barring fluctuating workweek method for retail workers won't 'change much'
HARTFORD, Conn. (Legal Newsline) – Although the Connecticut Supreme Court has stated in a recent opinion that the fluctuating workweek method cannot be used for retail employees, one attorney says the outcome of the case may not be as significant as some may think.
Spokeo case may return to U.S. Supreme Court after Ninth Circuit ruling about concrete harm, attorney says
CHICAGO (Legal Newsline) – A closely watched Fair Credit Reporting Act (FCRA) case in which an appeals court recently and again upheld a plaintiff's standing to pursue his claims in federal court might be on its way back to the U.S. Supreme Court, a labor and employment attorney said during a recent interview.
Kiss My Face seeks dismissal of 'natural' class action
SAN FRANCISCO (Legal Newsline) – Cosmetics company Kiss My Face (KMF) has filed a motion to dismiss a class action lawsuit that accuses the company of falsely advertising some of its cosmetics as “natural.”
Calif. plaintiff gets two years to sue health care provider after tripping over scale
SAN FRANCISCO (Legal Newsline) – A Sept. 11 California appeals court decision regarding the Medical Injury Compensation Reform Act (MICRA) found that a longer statute of limitations to the lawsuit of a woman who alleged a trip-and-fall at a health care provider.
Former 49ers cheerleader appeals loss in wage conspiracy lawsuit against NFL
SAN FRANCISCO (Legal Newsline) – A former San Francisco 49ers cheerleader identified in court papers as Kelsey K. is appealing the U.S. District Court for the Northern District of California’s order to dismiss her case against the National Football League.
Upper rack assembly in KitchenAid dishwashers is defective, consumers claim
SAN FRANCISCO (Legal Newsine) – Two California consumers have filed a class action lawsuit against KitchenAid over allegations that certain models of dishwashers are defective.
Federal government alleges JW Aluminum Co. violates Clean Air Act
CHARLESTON, S.C. (Legal Newsline) – A corporation in South Carolina that operates a secondary aluminum production facility is alleged to have violated federal emissions standards for hazardous air pollutants.
Near Direct alleged to have solicited consumers without consent
LOS ANGELES (Legal Newsline) – Three California consumers have filed a class action lawsuit against a marketing company over allegedly unwanted calls.
Consumer claims Tesla used personal information for marketing purposes
SAN FRANCISCO (Legal Newsline) – A California individual alleges that a car manufacturer is "surreptitiously acquiring consumers' private information from state-issued driver's licenses, then storing, using and disclosing the same for unpermitted marketing and sales purposes without the consumers' consent."
Lawsuit: Haynes Furniture Co. Inc. discount prices are exaggerated
CAMDEN, N.J. (Legal Newsline) – A New Jersey man alleges that an indoor/outdoor household furnishings business is "defrauding" customers into buying products at fictitious discount prices.
Eaters claim Cookie Do Inc.'s cookie dough products made them sick
WHITE PLAINS, N.Y. (Legal Newsline) – Two consumers have filed a class action over claims that cookie dough products were deceptively advertised as being safe to eat and would not cause illness.
EEOC: Chipotle allowed female general manager to sexually harass male shift manager
SAN JOSE, Calif. (Legal Newsline) — The U.S. Equal Employment Opportunity Commission (EEOC) announced a lawsuit Sept. 18 against Chipotle for allegations of allowing a restaurant manager to sexually harass her subordinate and retaliate against him after he reported the misconduct.
EEOC targets Massimo Zanetti for allegedly allowing sexual harassment
NORFOLK, Va. (Legal Newsline) — The U.S. Equal Employment Opportunity Commission (EEOC) announced a lawsuit Sept. 18 against Massimo Zanetti Beverage USA Inc. for allegations of failing to stop sexual harassment of a female employee and then firing her for complaining about harassment.
EEOC: Chicago collection agency subjected employee to sexual orientation discrimination
CHICAGO (Legal Newsline) — The U.S. Equal Employment Opportunity Commission (EEOC) announced a lawsuit Sept. 19 against collection agency Malcolm S. Gerald & Associates for allegations of subjecting an employee to harassment because of his sexual orientation.
Labor attorney: DOL’s persuader rule would’ve meant ‘real consequences’ for employers
Cozen O’Connor PC attorney Jeremy Glenn, the current co-chair of the American Bar Association’s Federal Labor Standards Legislation committee, said he “wholeheartedly” agrees with the U.S. Department of Labor’s recent move to rescind its so-called “persuader rule.”
Newspaper, Snapchat sued for allegedly taking, using photos without consent
Filed in a Connecticut federal court last week, the lawsuit alleges the photos, taken while the plaintiff was on Miami Beach for spring break, suggest she used drugs and engaged in sexual acts. The plaintiff, a Connecticut college student, contends she never consented to the pictures, which were used in a series of articles about spring break on the defendants’ websites.