News from July 2018
N.J. appeals court rules for Kia Sephia owners, reversing trial court judge in $6.33M brakes class action
TRENTON, N.J. (Legal Newsline) – Owners of a Kia Sephia model vehicle are entitled to financial compensation due to a faulty brake system, the Superior Court of New Jersey Appellate Division decided.
Med-mal claim against Tempe hospital to proceed after settlement with surgeon
PHOENIX (Legal Newsline) – Three patients who claimed negligence by a doctor during surgery can continue their independent claim against the hospital where the procedure took place, the Arizona Supreme Court has ruled.
Port of Seattle not required to pay entire $40M verdict to worker injured during wreck of luggage vehicle
OLYMPIA, Wash. (Legal Newsline) – Washington’s Supreme Court has decided the Port of Seattle is not liable for three-quarters of a $40 million verdict in favor of a worker seriously injured in a baggage cart wreck.
Medical doctors allege proposed surgery board by American Board of Medical Specialties would restrain trade
OCALA, Fla. (Legal Newsline) – Three physicians allege a nonprofit organization and a medical specialty board are conspiring to prohibit the performance of a skin cancer surgery by anyone that is not certified by a proposed board.
Natural American Spirit cigarettes' natural, additive-free claims are deceptive marketing, consumer claims
WINSTON-SALEM, N.C. (Legal Newsline) – A Washington consumer alleges that a brand of cigarettes is deceptively marketed as being natural and additive-free.
Lawsuit is 'trivial,' say diet supplement companies facing class action
NEWARK, N.J. (Legal Newsline) – Three diet supplement companies defending themselves against allegations of fraud and other charges told a federal judge in New Jersey July 19 that plaintiffs are barred from prevailing in the case because they can't prove injury or loss and that their claims are "de minimis," or trivial.
Hormel Foods, other companies alleged to have conspired to fix prices of pork
MINNEAPOLIS, Minn. (Legal Newsline) – A Jamestown, New York company alleges that it has paid more for pork because of a conspiracy among companies in the wholesale pork market.
Alcohol trader again wants Calif. fraud claims dismissed
SAN JOSE, Calif. (Legal Newsline) – This fall, a federal judge in San Jose is expected to hear arguments from a wine and spirits trade company about why a defunct restaurant and bar owner's putative class action lawsuit should, again, be dismissed.
New, strong Calif. data privacy act 'moves the needle' and could inspire other states
SACRAMENTO, Calif. (Legal Newsline) – California's new Consumer Privacy Act will affect businesses as it introduces a limited private right of action and other penalties for violations.
Conn. ruling could be 'death knell' for class action plaintiffs suing over 'spring water' claims
BRIDGEPORT, Conn. (Legal Newsline) – A lawsuit claiming Nestle bottled water produced and distributed as "100 percent spring water" is a fraud has been dismissed by a court because federal law preempts any action citing state statutes.
Fla. court keeps TCPA case alive; Texting a 'risky venture' for companies
TAMPA, Fla. (Legal Newsline) – The U.S. District Court for the Middle District of Florida on June 7 dismissed a motion by a defendant to dismiss a case alleging a man’s privacy rights were violated when he received texts that were marketing ploys.
National Credit Adjusters settles allegations of unlawful debt collection
WASHINGTON (Legal Newsline) — National Credit Adjusters LLC (NCA) has reached a settlement with the Consumer Financial Protection Bureau (CFPB) over allegations it violated the Consumer Financial Protection Act and the Fair Debt Collection Practices Act.
California oil and gas facility alleged to discharge polluted storm water
LOS ANGELES (Legal Newsline) – A nonprofit corporation in Santa Barbara, California alleges an oil and gas facility in the state is discharging pollutants that end up in waterways.
Consumer challenges 'made with real ginger claims' on Canada Dry ginger ale
ROCHESTER, N.Y. (Legal Newsline) – A New York woman alleges that she was deceived by the advertising label on Canada Dry ginger ale.
Customer alleges Nutrabio Labs glutamine products do not provide benefits advertised
NEWARK, N.J. (Legal Newsline) – A bodybuilding supplement manufacturer based in New Jersey is alleged to have misrepresented the nature and benefits of its glutamine products.
Yelp isn't required to remove negative review of law firm, California Supreme Court rules
SAN FRANCISCO (Legal Newsline) – The Supreme Court of California has overturned a San Francisco Superior Court ruling, saying Yelp Inc. doesn’t have to remove certain consumer reviews posted on its website.
Alaska Supreme Court affirms decision to terminate man's employment over statements of threatening harm
ANCHORAGE, Alaska (Legal Newsline) – An employee of a municipal government in Alaska has failed in a bid to reverse his firing over allegedly making statements co-workers interpreted as threats.
Mental health records of former Big 5 employee coming in EEOC racial harassment case
SEATTLE (Legal Newsline) – Earlier this summer, a federal judge dismissed part of a racial harassment case against one of the largest sports retail chains in the western U.S. over the alleged treatment of an African-American employee in store on Whidbey Island in Washington in 2014.
Climate change activists allowed to use 'necessity' defense after Minn. Supreme Court declines to hear appeal by state
ST. PAUL, Minn. (Legal Newsline) – Climate change activists in Minnesota will be able to mount a defense that their actions were justified because they were designed to prevent a worse harm.
Third day of S.C. asbestos exposure trial explores plaintiff's illness, Covil's procedures
SPARTANBURG, S.C. (Legal Newsline) – The third day of the asbestos exposure trial of Jerry Crawford v. Celanese Corp. in the 7th Judicial Circuit Court of South Carolina continued with several witness testimonies that detailed plaintiff Jerry Crawford's failing health.