News from August 2018
In Washington, armored car employees earn double damages for having to remain vigilant on breaks
OLYMPIA, Wash. (Legal Newsline) – The Supreme Court of the state of Washington found on Aug. 23 that a defendant armored car company is liable to its former employees for double exemplary damages plus pre-judgment interest for allegedly depriving their employees a meaningful meal period and for violating the Washington Minimum Wage Act (MWA).
Former McDonald's employee alleges consumer report was obtained on him without authorization
BRADENTON, Fla. (Legal Newsline) – A former McDonald's employee alleges the fast food company failed to comply with the strict disclosure and authorization requirements of a federal law regarding consumer reports.
Florida consumer alleges National Recovery Agency unlawfully robocalled him
TAMPA, Fla. (Legal Newsline) – A St. Petersburg, Florida resident alleges that a debt collector harassed him with robocalls.
National Tobacco alleged to have improperly held funds in Vapor Beast share sale
WILMINGTON, Del. (Legal Newsline) – The former owners of a California corporation alleges the buyer of their company shares failed to pay all amounts owed.
C&TS Railroad agrees to conciliate EEOC's disability discrimination charge
DENVER — The federal government and Cumbres & Toltec Scenic (C&TS) railroad have agreed to a conciliate disability discrimination charge stemming from allegations the company did not conduct an assessment on an applicant with a disability as required by the Americans with Disabilities Act (ADA).
Coca-Cola reaches $2.25 million settlement over 9 discrimination charges
DENVER — Coca-Cola Refreshments USA Inc. has reached a $2.25 million settlement with the federal government to resolve nine charges of discrimination, alleging the company did not provide accommodations for employees with disabilities.
AutoNation dealership OKs sex discrimination settlement with EEOC
MIAMI — A Florida AutoNation-owned dealership has agreed to a settlement with the federal government to resolve allegations it did not allow a 10-year female employee to apply for a management position and was told the position "needed a man," according to the U.S. Equal Employment Opportunity Commission (EEOC).
Bronx HELP USA employee alleges supervisor made sexual advances
NEW YORK — The U.S. Equal Employment Opportunity Commission (EEOC) is suing a national provider of housing and support services, alleging a Bronx, New York, housing facility employee was subjected to unwelcome sexual advances.
New Orleans marine transport company resolves EEOC charges of firing employee due to medical condition
NEW ORLEANS — A New Orleans marine transport company has resolved allegations by the federal government that it fired a deckhand due to his pancreatitis, even though the employee's condition never impeded his work.
Calif. court denies GameStop's motion to change venue in district attorneys' Secondhand Dealers Law case
SAN DIEGO (Legal Newsline) – A California court denied defendant GameStop Inc.’s petition for a change of trial venue on Aug. 22 in a case brought against it by two California district attorneys over allegations that the video game store violated the Secondhand Dealers Law (SDL).
Pittsburgh's hired guns move in on Philadelphia's turf as opioid lawyers jostle for power
The fighting in Pennsylvania among plaintiffs lawyers working on contingency fees has escalated this summer
INDIANA ATTORNEY GENERAL'S OFFICE: AG Curtis Hill joins bipartisan group of AGs supporting legislation aimed at curtailing overdoses
Attorney General Curtis Hill this week joined 51 other state and territorial attorneys general in a letter urging Congress to pass legislation aimed at curtailing overdoses caused by use of fentanyl analogues.
WASHINGTON STATE OFFICE OF THE ATTORNEY GENERAL: Court orders estate-planning company to immediately halt deceptive "Trust Mill" practices
CLA Estate Services, Inc. and CLA USA, Inc. made millions deceptively selling estate-planning services, annuities in a scheme targeting Washington seniors.
NEW YORK ATTORNEY GENERAL: A.G. Underwood Announces Indictment Of Former CEO Of Global Crowdsourcing Company For $600K Securities Fraud Scheme
Attorney General Barbara Underwood announced a felony indictment charging the former CEO of Springleap, Inc., Eran Eyal, 43, of Brooklyn, with allegedly stealing $600,000 from investors by fraudulently soliciting investors to purchase convertible notes through false representations of his company.
KANSAS OFFICE OF THE ATTORNEY GENERAL: AG Derek Schmidt: Kansas Supreme Court clarifies scope of open records law
In a first-of-its-kind decision, the Kansas Supreme Court on Friday decided that a corporation contracting with a county to operate a county hospital is an “instrumentality” of the county that is covered by the Kansas Open Records Act, Attorney General Derek Schmidt said.
U.S. FEDERAL TRADE COMMISSION: FTC Returns more than $14 Million to Consumers Deceived by Misleading Light Bulb Claims
The Federal Trade Commission (FTC) is mailing 499,105 checks totaling more than $14.4 million to people who bought Lights of America brand LED light bulbs.
BUTLER SNOW: Sixth Circuit Offers Perspective on Federal Removal and Wrongful Foreclosure in Mortgage Litigation
In Beasley v. Wells Fargo Bank, N.A., 2018 WL 3478882 (6th Cir. July 19, 2018), the United States Court of Appeals for the Sixth Circuit provided clarification on certain aspects of removing a case from state court to federal court, and on pleading a claim for wrongful foreclosure under Tennessee law.
BRADLEY ARANT BOULT CUMMINGS: CMS Proposes Redesign of Medicare Shared Savings Program
On August 9, 2018, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule that would redesign the Medicare Shared Savings Program (MSSP).
NORTH CAROLINA DEPARTMENT OF JUSTICE OFFICE OF THE ATTORNEY GENERAL: Attorney General Josh Stein Files suit against Contractors over deceptive Trade Practices
Attorney General Josh Stein filed a suit against Randy Briel, Glenn Dunnam, Signature Sun Decks, and Decks Patios and Porches over a contractor scheme in the Charlotte area.