News from September 2018
Consumer alleges Absorb Health supplement contains banned ingredient
LOS ANGELES (Legal Newsline) – A California consumer alleges she purchased a dietary supplement that contains an ingredient that is banned for commercial sale for human consumption in the U.S.
Kentucky GOP accuses AG Beshear of pay-to-play; Firm awarded contingency contract hosting fundraiser
FRANKFORT- The Republican Party of Kentucky is accusing Democrat Attorney General Andy Beshear of engaging in "pay-to-play" politics in his campaign for governor due to his close ties to a law firm the AG hired on a contingency fee basis to pursue opioid litigation.
U.S. alleges male restaurant supervisor stalked, cornered female employees
WASHINGTON, D.C. — A federal agency is suing SOL Mexican Grill over allegations it subjected female employees to lewd comments, stalking and other sexual harassment by a supervisor.
FTC obtains record $1.3 million civil court judgment against AMG Services for alleged payday scheme
WASHINGTON, D.C. — The Federal Trade Commission (FTC) has obtained a record $1.3 billion civil court judgment against AMG Services and its owner who is accused of operating a massive payday lending scheme.
New Jersey company settles FTC charges of false claims regarding mosquito repellent
WASHINGTON, D.C. — The Federal Trade Commission (FTC) has approved a consent order that settles charges against a New Jersey company of using deceptive marketing to allege its products repel mosquitoes carrying the Zika virus and other diseases.
U.S. reaches settlement with companies over alleged Privacy Shield violations
WASHINGTON, D.C. — The federal government has reached a settlement with four companies accused of falsely claiming participation in the EU-U.S. Privacy Shield, with two of the companies allegedly failing to abide by the Privacy Shield requirements.
EEOC: Truck washing company subjected employee to racial slurs, harassment
HARRISBURG — A company that operates truck washing facilities at truck stops throughout the United States faces charges by the federal government that it subjected an African-American employee to racial slurs, harassment and retaliation.
Tulsa midstream energy provider to pay $25 million civil penalty
WASHINGTON, D.C. — A Tulsa midstream energy provider has agreed to pay a $25 million civil penalty and retire 36 million renewable fuel production credits to settle charges by the federal government that the company violated the federal Renewable Fuel Standard (RFS) program.
U.S. government declines to intervene in whistleblower lawsuit against Mylan Pharmaceuticals
CINCINNATI (Legal Newsline) – In a notice written to the U.S. District Court Southern District of Ohio, Western Division on Sept. 6, the U.S. government declined the option to intervene in a False Claims Act lawsuit filed on its behalf.
New trial ordered in case over man's skull fracture allegedly caused by bartender's push
ANCHORAGE, Alaska (Legal Newsline) – On Sept. 21, the Supreme Court of the State of Alaska vacated a judgment that prevented a woman from bringing an officer in as a witness in a lawsuit over a man's injuries after he was allegedly pushed by a bartender, ordering a new trial.
California court backs anti-SLAPP motion amid worker's claims about former employer
SAN DIEGO (Legal Newsline) – The Court of Appeal of the State of California, 4th Appellate District, Division Two sided with a lower court that granted a company’s former employee's anti-SLAPP (Strategic Lawsuit Against Public Participation) motion, or special motion to strike the company’s first amended complaint (FAC) against the worker.
Activision's termination of 'Guitar Hero TV' spurs false advertising lawsuit
LOS ANGELES (Legal Newsline) – A Vermont man has filed suit over the termination of "Guitar Hero TV."
Sun Tan City alleged to have sent advertising texts without permission
MIAMI (Legal Newsline) – A Palm Beach City, Florida resident alleges an operator of a tanning salon chain sent her text messages advertising its services without her permission.
Opioid lawyers say settlement may hinge on forcing plaintiffs into class action
A settlement binding all potential plaintiffs may be the only practical way of ending nearly 2,000 lawsuits against manufacturers, distributors and retailers of addictive opioid painkillers, said plaintiff lawyers attending a conference on opioid litigation this week.
Dept. of Justice objects to appointment of asbestos trust fund protector, calls for greater scrutiny
WASHINGTON D.C. (Legal Newsline) – Officials of the U.S. Dept. of Justice on Sept. 26 objected to the appointment of Lawrence Fitzpatrick as a “future claim representative” (FCR) trustee to protect trust funding designed to help pay damages for future victims of asbestos exposure----stating the New Jersey-based attorney had potential conflicts of interest from relationships with plaintiff attorneys in asbestos litigation.
Alaska court upholds dismissal of woman's allegation that BioLife falsified her cancer recovery in brochure
ANCHORAGE, Alaska (Legal Newsline) – On Sept. 14, it was a lack of jurisdiction that caused the Supreme Court of the state of Alaska to affirm the Alaska Superior Court, Third Judicial District’s ruling dismiss a suit in favor of a company that was sued for allegedly falsifying a woman’s cancer recovery in a brochure.
Premier protein shake settlement: $1 per proof of purchase for consumers, $3 million for attorneys
NEW YORK (Legal Newsline) – A preliminary approval of a settlement has been reached in the case of a New York consumer who filed a lawsuit against Premier Nutrition Corp., alleging its protein products and protein bars misrepresent the amount of protein actually included in the products.
Massachusetts court dismisses False Claims Act suit against Smith and Nephew alleging overcharges
BOSTON (Legal Newsline) – The U.S. District Court of the District of Massachusetts has ruled in favor of a medical equipment supplier that was alleged to have overcharged health care systems.
Actor trying again to sue over use of his picture in TV ad, but HomeAdvisor says claims should be tossed
CHICAGO (Legal Newsline) – HomeAdvisor Inc., ANGI Homeservices Inc. and Hawthorne Direct LLC asked the U.S. District Court for the Northern District of Illinois to dismiss an amended version of a lawsuit filed against them, saying the plaintiff still has not proven his claims.