News from March 2020
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Urgent care clinic wins malpractice appeal over flesh-eating disease
DES MOINES, Iowa (Legal Newsline) - An urgent care clinic won its appeal of a medical malpractice lawsuit it initially lost to a couple complaining of an alleged misdiagnosis that resulted in unnecessary amputation.
Arbitration agreement can't be struck down because plaintiff doesn't like it, court rules
INDIANAPOLIS (Legal Newsline) - A lower court’s ruling to compel arbitration in a case against Carmel Senior Living was affirmed in the Court of Appeals of Indiana on March 17.
Texas AG asked to let state workers know they don't have to pay union dues if they don't want to
AUSTIN, Texas (Legal Newsline) — A nonprofit instrumental in a landmark U.S. Supreme Court decision regarding union fees is urging Texas Attorney General Ken Paxton to adopt is recommendations concerning right to work laws and forced union membership.
Ohio appeals court rules PartsSource waived right to enforce arbitration in dispute with former worker
WARREN — An Ohio appeals court judge has reversed a decision in a class-action lawsuit against PartsSource Inc., sending the case back to the Portage Court of Common Pleas.
Trump campaign files defamation suit against CNN
ATLANTA (Legal Newsline) – President Donald Trump's campaign is suing CNN, alleging it intentionally made false statements to defame him.
Comcast loses appeal in patent infringement case over recording app
WASHINGTON (Legal Newsline) – A federal appeals court has ruled against Comcast in a patent infringement case involving technology that allowed customers to use their cell phone to schedule recordings.
Stamina pills make misleading claims, lawsuit says
SACRAMENTO, Calif. (Legal Newsline) - A man is suing Nucell Labs and Vitacost.com, Inc., alleging their health benefits claims for a product have not been filed with the FDA regulations and that is poses health risks if consumed.
Wasabi peas are actually coated in horseradish, class action claims
SAN FRANCISCO (Legal Newsline) - A New York man and California woman are both suing JFC International, Inc. alleging its Hapi Wasabi Coated Peas do not contain wasabi ingredients as advertised.
Alabama woman wins appeal in wrongful death action against psychiatric hospital
MONTGOMERY, Ala. (Legal Newsline) - An Alabama woman has won her appeal of a wrongful death action she initially lost on behalf of a military veteran relative who died in a psychiatric hospital.
Personal injury plaintiffs win at Arizona Supreme Court
Court of Appeals decision reversed in favor of Medicaid patients
FDA: Sterilization plants needed to boost PPE supply vs COVID; activists question, resist call to reopen plants
Anti-EtO sterilization groups in IL, GA, oppose FDA's call to reopen medical sterilization plants closed last year, which FDA says are needed to help fight COVID-19
PEPPER HAMILTON LLP: Jeremy Frey Named to 2020 New Jersey Super Lawyers List
Pepper Hamilton announced that Jeremy D. Frey has been named to New Jersey Super Lawyers for 2020.
HOLLAND & KNIGHT: Holland & Knight Honored with LGBT Corporate Ally Award from Boston Business Journal
Holland & Knight has been named one of the Boston Business Journal's LGBT Corporate Ally Award honorees as part of the publication's annual Business of Pride program.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION: Pietrusiak Appointed EEOC’s New OEO Director
The U.S. Equal Employment Opportunity Commission (EEOC) today announced the appointment of Stan Pietrusiak as the director of the agency's Office of Equal Opportunity (OEO).
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION: Prewett Enterprises / Desoto Marine to Pay Quarter Million to Settle EEOC Race Harassment Lawsuit
Prewett Enterprises, Inc., doing business as B&P Enterprises, and Desoto Marine, LLC, rail services and disaster response companies,will pay $250,000 and furnish other relief to settle a race harassment case brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced.
FAEGRE DRINKER BIDDLE & REATH LLP: Standards of Identity and the Quest to Define “Meat” and “Dairy”
Counsel Alyssa Rebensdorf will moderate a panel on the FDA’s Nutrition Innovation Strategy’s modernization of its Standards of Identity in light of the latest nutritional science and marketing trends.
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Alabama Supreme Court tells court to reverse denial of summary judgment in shooting
MONTGOMERY, Ala. (Legal Newsline) – The Supreme Court of Alabama told the Jefferson Circuit Court to void its July 2019 decision denying a partial summary judgment to the owners of a bar named as defendants in a lawsuit because a two-year statute of limits to do so had expired.
Krab vs. crab: Man loses lawsuit against P.F. Chang's but is appealing
PASADENA, Calif. (Legal Newsline) – A California federal judge has dismissed a lawsuit in which a plaintiff alleged fake crab ordered at P.F. Chang's was fraudulently misrepresented as real.
Delaware judge says $500K punitive damages award likely caused by juror passion and prejudice
GEORGETOWN, Del. (Legal Newsline) - The Superior Court of Delaware has denied a request for judgment from an insurance company but ordered a new trial because a $500,000 punitive damages award against it "shocks the court's conscience."
Judge told to allow former CFPB researcher to testify against the agency's Navient lawsuit
SCRANTON, Pa. (Legal Newsline) - The Consumer Financial Protection Bureau's lawsuit against student loan giant Navient suffered a setback on March 19 when a federal judge was told a key Navient witness shouldn't be disqualified.