News from August 2018
Attorneys general coalition to fight proposed HHS rule stopping third party payroll deductions
BOSTON — Massachusetts Attorney General Maura Healey is the latest to join a four-state coalition urging the federal government to withdraw a proposed rule that would stop third-party intermediaries from handling payroll deductions for union dues, health insurance and other benefits.
California appellate court states trial court abused discretion in denying Colgate costs in mesothelioma suit
LOS ANGELES (Legal Newsline) – The California 2nd District Court of Appeal, Division Four ruled Aug. 8 that the Los Angeles County Superior Court abused its discretion in denying Colgate-Palmolive Co. costs it requested and erred in failing to determine whether the company made an offer in good faith.
Pa. court determines trial court erred in allowing a witness' testimony, but error was 'harmless'
HARRISBURG, Pa. (Legal Newsline) – On Aug. 13, the Superior Court of Pennsylvania decided that although a trial court erred in permitting a testimony, the error was “harmless” because the testimony did not prejudice the appellant.
Legal malpractice case filed by doctor revived following New Hampshire ruling
CONCORD, N.H. (Legal Newsline) – A legal malpractice claim against a New Hampshire law firm has been revived after the state's Supreme Court reversed an earlier ruling.
Attorney: U-Haul 'knowingly put profits ahead of safety' by removing brakes from tow dolly fleet
PHOENIX (Legal Newsline) – A lawsuit that states U-Haul put profits before its customers’ well-being went to trial in an Arizona courtroom last week.
AbbVie files appeal contesting landmark $448 million antitrust win for Federal Trade Commission
PHILADELPHIA (Legal Newsline) — Defendants AbbVie Inc., Abbott Laboratories and Unimed Pharmaceuticals LLC filed an appeal on Aug. 6 in a U.S. District Court in response to the final judgment in an antitrust case that found in favor of the Federal Trade Commission.
California Sportfishing Protection Alliance alleges facility is discharging polluting storm water
SAN FRANCISCO (Legal Newsline) – A nonprofit organization alleges a boat repair company is discharging polluted storm water from a California facility.
U.S. settles with W.Va. restaurant accused of firing female worker who resisted supervisor's advances
MARTINSBURG, W. Va. — The U.S. Equal Employment Opportunity Commission (EEOC) has settled a lawsuit with a West Virgina restaurant accused of firing a female worker for resisting a supervisor's advances and subjecting other female employees to lewd sexual comments and grabbing.
Minn. court prevents student newspaper from access to video said to be of student pulling hijab off another's head
ST. PAUL, Minn. (Legal Newsline) – The Minnesota Court of Appeals found that a district court “did not err” in its conclusion that a video captured of a November 2016 high school altercation was inaccessible to its student newspaper.
EEOC alleges Dallas property management company subjected Hispanic employees to racial slurs
DALLAS — A Dallas property management company faces allegations by the U.S. Equal Employment Opportunity Commission (EEOC) that it subjected Hispanic employees to racial slurs and derogatory remarks.
EEOC accuses Grand Hyatt New York of ADA violation
NEW YORK — The federal government has filed a lawsuit against Grand Hyatt New York, alleging the hotel discriminated against a front desk agent with chronic back impairment.
EEOC alleges Georgia pub demoted worker for being pregnant
ATLANTA — The federal government has filed a lawsuit against a Georgia restaurant and bar over allegations the establishment demoted a worker due to her pregnancy.
EEOC accuses Citgo of discriminating against job applicant with vision impairment
CHICAGO — The federal government is suing Citgo Petroleum Corporation for allegedly withdrawing a job offer to an applicant after learning of his vision impairment.
Illinois physics lab allegedly retaliated against female employee who complained of discrimination
CHICAGO — The federal government is suing an Illinois particle physics and accelerator laboratory for allegedly retaliating against a female engineer who complained about sex-based discrimination.
Woman fell down steps holding a plant, unable to grab handrail; Minn. SC allows Workers' Comp claim anyway
MINNEAPOLIS (Legal Newsline) – A Minnesota Supreme Court majority ruled Aug. 8 that a woman’s workplace injury satisfied the “requisite causal connection between the workplace and her injury.”
Whistleblower's lawyer asking for more than $400K from $10.6M judgment against BestCare Laboratory Services
HOUSTON (Legal Newsline) – A whistleblower who brought suit resulting in a $10.6 million partial judgment against a medical laboratory for allegedly charging false mileage fees to pick up medical specimens is seeking $424,370 in attorney fees, which includes $4,335 in out-of-pocket expenses.
EEOC alleges Illinois school district's collective bargaining agreement unlawful
CHICAGO — The federal government has filed a lawsuit against an Illinois school district, alleging the district's union collective bargaining agreement is unlawful because it limits salary increases for older teachers due to their age.
Murphy Oil to pay $100,000 to employee allegedly denied disability accommodations
SAN ANTONIO — The federal government has settled its lawsuit with Murphy Oil USA Inc., to resolve allegations the company required an employee with a back impairment to perform duties against his medical work restrictions.
Utah mining company appeals order in fight over information with EPA
SALT LAKE CITY (Legal Newsline) – United Park City Mines and Talisker Finance on July 27 filed an appeal asking for an interlocutory review of a July 9 order that ordered them to comply with the request for information issued by the Environmental Protection Agency.