News from November 2019
Arkansas Supreme Court reverses denial of class certification despite some members already receiving pay
LITTLE ROCK, Ark. (Legal Newsline) – After losing their attempt at class certification in a lower court, the plaintiffs prevailed in the Supreme Court of Arkansas as the higher court reversed the denial on Nov. 14.
Walgreens is suing Fitbit, says it is owed $140K
CHICAGO (Legal Newsline) – Fitbit is facing a lawsuit filed by Walgreens alleging it has breached its guaranteed-sale basis agreement with the drug store chain for its personal fitness body tracking electronic products.
Former Howard University Hospital employee alleges she was fired for reporting unlawful billing practices
WASHINGTON (Legal Newsline) – The former director of nursing for emergency and trauma services at a Washington, D.C. hospital alleges she was fired for reporting unlawful Medicare and Medicaid billing practices.
BNSF Railway claims California counties unlawfully charge them a higher tax rate
OAKLAND, Calif. (Legal Newsline) – BNSF Railway alleges 15 California counties are assessing it a higher property tax rate than other commercial and industrial property owners in violation of federal law.
Dialysis companies allege newly enacted California law will harm patients, medical providers
SANTA ANA, Calif. (Legal Newsline) – The operators of several dialysis clinics and kidney care facilities in California and throughout the U.S. are challenging the state's newly enacted Assembly Bill 290, which regulates dialysis reimbursement.
Exxon takes its swing against attorneys general of Massachusetts, New York after failed fraud claims
NEW YORK (Legal Newsline) - ExxonMobil has asked the judge who heard New York’s highly publicized climate lawsuit against it to issue a ruling saying the state failed to prove its securities fraud claims at trial, hoping to defuse copycat lawsuits by Massachusetts and other plaintiffs across the country accusing ExxonMobil of manipulating public opinion about global warming.
Huntington, Cabell federal opioid cases soon could be back in W.Va. federal courts
CLEVELAND – The Ohio federal judge overseeing opioid cases soon could release the cases Cabell County and the City of Huntington have filed against opioid distributors to be heard in West Virginia instead.
Tort reform head says PFAS issue could cause runaway litigation
WASHINGTON (Legal Newsline) – The president of the American Tort Reform Association told members of Congress on Tuesday that litigation could get out of hand unless federal regulators adopt a commonsense, fair approach to dealing with the PFAS chemicals that activists claim are poisoning the nation’s water supplies.
Doctors suspected of improper marijuana prescriptions lose battle against Colorado health department
DENVER (Legal Newsline) – On Nov. 12, the Supreme Court of Colorado ruled against a group of doctors whom the Colorado Department of Public Health and Environment (CDPHE) referred to the Colorado Medical Board over suspicions that they were not properly certifying patients for the use of medical marijuana.
Arkansas Supreme Court upholds decision to certify class in workers' dispute with company over vacation time
LITTLE ROCK, Ark. (Legal Newsline) – While a welding company claims a group of people suing it should not have been certified as a class, the Supreme Court of Arkansas disagreed and affirmed the ruling that green-lighted the class in the lawsuit on Nov. 14.
Amtrak accused of breaching $250M in contracts for Washington-to-Boston route
NEW YORK (Legal Newsline) – Philip Morris and HNB Investment allege Amtrak breached $250 million in contracts that included their financing of high-speed rail equipment to be used for Amtrak's Northeast Corridor route from Washington to Boston.
Class action alleges Nordstrom's reference pricing is false, misleading
SEATTLE (Legal Newsline) – Nordstrom is facing a lawsuit filed by a New Jersey consumer who claims unlawful uniform sale and marketing practices are used at Nordstrom Rack stores.
Driver alleges Uber's newer, cheaper UberX service came at expense of UberBlack drivers
ATLANTA (Legal Newsline) – A Georgia Uber driver alleges that the ride-hailing service orchestrated a "bait and switch scheme" to attract drivers of higher-end luxury vehicles with UberBlack and then added a newer, cheaper service, UberX.
Walmart and CVS face suit over allegations ranitidine products contain carcinogen
NEW YORK (Legal Newsline) – The manufacturer of an over-the-counter, ranitidine-based medication is facing a class action lawsuit alleging the products contain a carcinogen and liver-damaging impurity.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION: Walmart to Pay $80,000 and Implement Nationwide Change in Policy to Settle EEOC Disability Lawsuit
Walmart Inc. will pay $80,000 and implement nationwide changes to its disability reassignment policy to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced.
Positive cocaine test not reliable reason for Boston PD to deny applicant
BOSTON (Legal Nesline) – The Massachusetts Supreme Court has upheld the Civil Service Commission's decision that the positive result of an applicant's hair drug test was not justification enough to bypass him for employment with the Boston Police Department.
Wrongful death verdict included $500K for loss of household chores
ANNAPOLIS, Md. (Legal Newsline) – On Nov. 1, the Court of Special Appeals of Maryland reversed a $500,000 economic damages award for a woman who said she had lost her late daughter’s services with household chores.
Iowa court rules on case of collision featuring motorcycle and tractor
DES MOINES (Legal Newsline) – The Supreme Court of Iowa vacated an appeals court’s decision that denied the plaintiff’s motion for mistrial and granted her motion for a new trial solely against another defendant in a case over a collision between a motorcycle and a tractor.
California Chamber of Commerce challenges state's cancer warning label requirement for acrylamide
SACRAMENTO, Calif. (Legal Newsline) – The California Chamber of Commerce is legally challenging the state's Office of Environmental Health Hazard Assessment's (OEHHA) requirement to provide cancer warnings to consumers about exposure to acrylamide per California's Proposition 65.
Vanilla class actions hit Wegmans
NEW YORK (Legal Newsline) – Wegmans Food Market is facing a class action lawsuit filed by consumers who allege the labels on its brand of ice cream products are misleading since they falsely claim to contain vanilla ice cream.