News from April 2018
FTC seeks public comment on proposed modification to video game industry self-regulatory program
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) announced April 2 that it is seeking public comment on proposals to modify a video game industry self-regulatory program first approved by the agency in 2001 under the agency’s Children Online Privacy Protection Rule.
Kiss My Face: Stop letting class action plaintiffs try to fix their lawsuit
SAN FRANCISCO (Legal Newsline) – Attorneys for the cosmetics company Kiss My Face have asked the U.S. District Court for the Northern District of California to dismiss the complaint alleging its use of the term “natural” misleads customers, stating the plaintiffs have “largely disregarded” the court’s previous orders to amend their complaint.
FTC mails 2,116 refund checks to victims of 'memory improvement' supplement scam
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) announced April 2 that it is mailing 2,116 refund checks worth a total of about $355,000 to consumers victimized by CogniPrin’s alleged scheme to deceptively market a “memory improvement” supplement.
Florida court dismisses suit over $80 airline tax, but allows plaintiff to amend claim
MIAMI (Legal Newsline) – The U.S. District Court for the Southern District of Florida has dismissed a lawsuit against an airline company over an $80 “exit fee” a customer claimed shouldn’t have been charged for his flight.
Justice Department: Cheese company banned from making adulterated products after L. mono scare
WASHINGTON (Legal Newsline) — The U.S. Department of Justice announced April 2 that Vulto Creamery LLC has been permanently enjoined by a federal court from manufacturing and distributing allegedly adulterated food.
Baby powder caused mesothelioma, N.J. jury finds in issuing $37M verdict
NEW BRUNSWICK, N.J. (Legal Newsline) – A New Jersey jury has found in favor of a Vernoa couple and ordered Johnson & Johnson to pay them $37 million following a trial over traces of asbestos in the company’s baby powder.
Federal court enjoins distributors of adulterated dietary supplements
WASHINGTON (Legal Newsline) — The U.S. Department of Justice announced March 29 that Riddhi USA Inc. and owner Mohd M. Alam have been enjoined by a federal court from distributing dietary supplements that are allegedly adulterated and misbranded.
Declaratory judgment sought for agreement between two New Orleans law firms
NEW ORLEANS (Legal Newsline) – A law firm in Orleans Parish, New Orleans is seeking declaratory judgment from the court regarding an agreement with another law firm in the parish.
Herbalife seeks dismissal of RICO class action
MIAMI (Legal Newsline) – Herbalife International, a global multi-level marketing corporation, on Dec. 22 filed a motion to dismiss a legal action filed against the company that alleged violation of the Florida Deceptive and Unfair Trade Practices Act.
California Supreme Court says Heller Ehrman law firm can't profit after bankruptcy
SAN FRANCISCO (Legal Newsline) – In a ruling made on March 5, the Supreme Court of California ruled that Heller Ehrman LLP can’t profit from unfinished hourly work that remained after the firm folded.
Attorneys in C.R. Bard mesh implant trial dispute woman’s physical condition
HACKENSACK, N.J. (Legal Newsline) – Attorneys for the plaintiff and defendant jousted again over the issue of whether a pelvic mesh implant intended to treat a sagging bladder was the cause of damage to a woman’s body, or whether it was her own arthritic condition that caused her alleged pain.
Workers can’t sue under California wage laws, Delaware Superior Court rules
WILMINGTON, Del. (Legal Newsline) – In a decision on March 13, the Delaware Superior Court dismissed a lawsuit against medical supply company CareFusion Solutions LLC brought by a class of former employees who claimed the company owed them overtime wages and cited California laws.
Judge rules for EEOC, which sued on behalf of security guard who couldn't walk a beat
DETROIT (Legal Newsline) – A motion to dismiss an EEOC lawsuit against a security systems company over allegations of violations of the Americans with Disabilities Act was denied on Dec. 18 by Judge Bernard A. Friedman of the U.S. District Court for the Eastern District of Michigan, Southern Division.
Attorneys in C.R. Bard mesh trial spar over wording
HACKENSACK, N.J. (Legal Newsline) – Adam Slater, the attorney for plaintiff Mary McGinnis, attempted to use the previously published words of a noted female pelvic specialist serving as a witness for defendant C.R. Bard to refute the contention that mesh implant devices were safe.
Justice Department seeks injunction against California Senate Bill 50
WASHINGTON (Legal Newsline) — The U.S. Department of Justice announced April 2 that it has levied allegations of violating the U.S. Constitution against the state of California, Gov. Edmund G. “Jerry” Brown Jr., and the California State Lands Commission.
U.S. Steel to pay $600,000, reimburse EPA after alleged Lake Michigan wastewater spill
WASHINGTON (Legal Newsline) — The U.S. Department of Justice announced April 2 that U.S. Steel Corporation will settle allegations of contaminating waterways that flow into Lake Michigan in violation of the Clean Water Act.
2 major rail equipment companies agree to end alleged no-poach agreement
WASHINGTON (Legal Newsline) — The U.S. Department of Justice announced April 3 that Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation (Wabtec), two major rail equipment suppliers, have agreed to resolve allegations of collusion stemming from a purported agreement not to compete for each other’s employees.
FTC finalizes order settling antitrust allegations against 7-Eleven
WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) announced March 29 that, following a public comment period, it has approved a final order with 7-Eleven that resolves allegations the company’s proposed $3.3 billion acquisition of 1,100 Sunoco retail fuel outlets would violate antitrust law.
New York secures $6.36 million as part of state-federal settlement with CenterLight
NEW YORK (Legal Newsline) — New York Attorney General Eric T. Schneiderman announced March 28 that CenterLight Health System Inc. and CenterLight Healthcare Inc. (together, CenterLight) will pay $10.3 million in a joint state-federal settlement resolving allegations of false Medicaid billing. New York will receive $6.36 million in restitution and penalties.
Massachusetts targets home health care company owner who allegedly defrauded state's Medicaid program
BOSTON (Legal Newsline) — Massachusetts Attorney General Maura Healey announced March 30 that Elena Kurbatzky, owner of Harmony Home Health Care LLC and operator of an alleged $2.7 million Medicaid fraud scheme has been indicted on new accounts.