News from March 2019
Critic: Class action settlements that provide cash to charities actually 'for and by the lawyers'
WASHINGTON (Legal Newsline) - After the U.S. Supreme Court decided not to opine on whether it was fair that no money from an $8.5 million class action settlement actually went to class members, a critic of such agreements noted that lawyers will continue to succumb to the "perverse incentive" to line their own pockets this way.
Plaintiffs firms fight over fees from drug cases; Ala. firm says Audet & Partners has history of inventing fee agreements
BIRMINGHAM — An Alabama personal injury law firm has filed a declaratory judgment against a California law practice over an alleged split fee agreement that stems from a group of settled cases.
In a lawsuit, Facebook alleges Ukrainian app operators obtained data from site's users
SAN FRANCISCO (Legal Newsline) — Facebook has filed suit in U.S. District Court Northern District of California against two Ukrainian web app operators who allegedly administered fraudulent third-party applications to obtain user data from the social media site.
Behr faces class action for alleged deceptive marketing of 'Paint & Primer in One' products
NEW YORK (Legal Newsline) — A class action lawsuit has been filed against Behr Process Corporation over allegations of false and deceptive marketing of its paint products.
DEPARTMENT OF LABOR: Department of Labor Investigation Results in Ohio Company Paying 84 Employees $37,658 in Back Wages and Damages
A Lebanon, Ohio, company that provides services to individuals with development disabilities has agreed to pay 84 employees a total of $37,658 – representing $18,829 in back wages and an equal amount in liquidated damages – after an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD) found violations of the Fair Labor Standards Act (FLSA).
DEPARTMENT OF LABOR: U.S. Department of Labor Investigation Results in Fire Protection Company Paying $315,846 in Back Wages and Damages to 14 Employees
After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Alliance Fire Protection Inc. – based in Albuquerque, New Mexico – has paid $157,923 in back wages and an equal amount in liquidated damages to 14 employees for violating the Fair Labor Standards Act's (FLSA) overtime and recordkeeping requirements.
DEPARTMENT OF LABOR: U.S. Department of Labor Investigation Results in Green Bay, Wisconsin Restaurant Paying $106,856 in Back Wages and $6,591 in Penalties
Following a U.S. Department of Labor Wage and Hour Division (WHD) investigation, a Green Bay, Wisconsin, restaurant and its owner have paid $106,856 in back wages to 109 current and former employees, and an additional $6,591 in civil money penalties for child labor violations and willful overtime violations of the Fair Labor Standards Act (FLSA).
SECURITIES AND EXCHANGE COMMISSION: Merrill Lynch to Pay Over $8 Million for Improper Handling of ADRs
The Securities and Exchange Commission announced that Merrill Lynch, Pierce, Fenner & Smith Incorporated will pay over $8 million to settle charges of improper handling of “pre-released” American Depositary Receipts (ADRs).
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION: Leaders Representing Industries and Associations Join EEOC for Roundtable Discussion on Harassment Prevention
U.S. Equal Employment Opportunity Commission (EEOC) convened an "Industry Leaders Roundtable Discussion on Harassment Prevention."
Lawsuit alleges texts from Americans for Prosperity were unlawful and used to 'spread political ideology'
KANSAS CITY, Mo. (Legal Newsline) – A Missouri man alleges nonprofit Americans for Prosperity sent unlawful text messages to "spread its political ideology" and has filed a suit in federal court.
Claim against Winklevoss twins dismissed as dispute over investment in nudie mag continues
WILMINGTON, Del. (Legal Newsline) – The Delaware Court of Chancery has ruled to dismiss counterclaims in a case involving brothers Tyler and Cameron Winklevoss over alleged breach of commitments in a magazine investment deal.
Kanye West's lawsuit against us is 'baseless,' EMI Music says; Rapper wants out of royalties deal
LOS ANGELES (Legal Newsline) - If a music publisher gets its way, a lawsuit filed against it by rapper Kanye West will be transferred to the U.S. District Court for the Southern District of New York.
SCOTUS punts on cy pres issue; Millions would be paid to lawyers and causes of their choosing, while class members get nothing
WASHINGTON (Legal Newsline) – The U.S. Supreme Court on March 20 sent an internet privacy case back to the lower courts, refusing to rule on the merits of an appeal that questioned why class members received nothing in a multimillion-dollar settlement
Asbestos history lesson for jurors in N.J. talc trial
NEW BRUNSWICK, N.J. (Legal Newsline) – A professor of science history at Columbia University on Monday told a jury how asbestos came to be regarded as a deadly toxic substance in a trial to determine if Johnson & Johnson baby powder caused Ricardo Rimondi’s mesothelioma.
Court denies True Organic Products' motion for injunction in fertilizer false advertising case
FRESNO, Calif. (Legal Newsline) – A federal court in California has denied an organic fertilizer seller's motion for preliminary injunction in a false advertising suit against a competitor, stating that the company failed to establish it would suffer injury if the injunction was not issued.
Lawsuit: Mexicans are charged an unfair tax imposed by airlines
BALTIMORE (Legal Newsline) – A class action lawsuit has been filed in Maryland against five major U.S. airlines and three Mexican airlines alleging the airlines fraudulently charged a tax to Mexican citizens.
A woman sued Coca-Cola after a vendor ran into her, but courts have found she lied about existing back injury
JACKSON, Miss. (Legal Newsline) – The Supreme Court of Mississippi has affirmed a lower court's decision to dismiss a woman's lawsuit against Coca-Cola Bottling Co. United and one of its vendors over alleged injuries she sustained after being struck by the vendor's cart.
Multidistrict litigation swamps courts as rules struggle to catch up; Is reform on the way?
Multidistrict litigation – sprawling cases sometimes involving thousands of plaintiffs from all over the country – now represents more than half of the civil caseload in federal courts, according to a new survey, yet defendants complain the rules governing them are largely judge-made and haphazardly enforced.
J&J attorney attempts to tie plaintiff's mesothelioma to a factory in Peru and not baby powder
NEW BRUNSWICK, N.J. (Legal Newsline) – In the trial of a man suing Johnson & Johnson over allegations the company's asbestos-tainted baby powder caused him to develop mesothelioma, Johnson & Johnson's attorneys on Wednesday attempted to pin the blame on a factory in Lima, Peru.
Mineralogist says no asbestos in J&J baby powder, but the expert-witness industry again brought up
NEW BRUNSWICK, N.J. (Legal Newsline) – Attorneys defending Johnson & Johnson in a mesothelioma trial on Tuesday attempted to use the plaintiff's star witnesses' own past words against them, while a mineralogist witness for J&J conceded his employer has made millions from testifying in asbestos-related trials.