News from August 2018
Injured woman alleges Fresno County failed to place guardrails on side of road
FRESNO – A woman injured when the vehicle she was in went off of a Fresno County road alleges the county was negligent by not putting up guardrails.
Wrongful death suit filed by parent of man who drowned on Kings Canyon National Forest trip
FRESNO – The parent of a man who drowned while on an expedition in Kings Canyon National Forest has filed a wrongful death suit against one of man's companions.
Appeals court sends suit in dairy worker's death back to trial court
FRESNO – California's Fifth District Court of Appeal recently reversed a trial court ruling granting a safety consultant's motion for summary judgment in a wrongful death suit filed by the family of a dairy worker killed in a tractor accident.
Lawsuit claims USDA is holding up regulations for labeling genetically engineered foods
SAN FRANCISCO – The Center for Food Safety (CFS) and Center for Environmental Health (CEH) recently filed a complaint against the U.S. Department of Agriculture in federal court alleging the USDA failed to meet the deadline to issue regulations for labeling genetically engineered foods under the 2016 Federal Bioengineered Food Disclosure Standards Act (GE Labeling Act).
Exelis employee alleges he is entitled to disability benefits from Metropolitan Life
SAN DIEGO – An Exelis Inc. employee alleges an insurance company has wrongfully denied disability benefits to him.
Motorist seeks damages over Fresno County collision
FRESNO – A woman is seeking damages from a driver over a collision in Fresno.
Dental surgeon challenges UNUM's decision on disability benefits
SAN DIEGO – A San Diego dental surgeon alleges he can no longer work because of an injury and alleges his insurance policy covers lifetime disability benefits.
Consumer alleges Ocwen Loan Servicing unlawfully used false representations in collection letter
SAN DIEGO – A San Diego consumer alleges a debt collector referenced foreclosure proceedings in letters but never initiated the foreclosure process.
Starbucks requests rehearing following Supreme Court 'off the clock' wage decision
The state Supreme Court, in a July 26 opinion, said the federal "de minimis" is not applicable to California's wage and hours laws.
Landlord of Fresno apartment complex alleged to have failed to abate substandard conditions
FRESNO – A former tenant of a Fresno apartment complex alleges that her landlord failed to operate the property in conformity with industry customs and standards.
Harley-Davidson Credit alleged to have called Oceanside man at harassing rate
SAN DIEGO – An Oceanside consumer alleges a Chicago, Illinois-headquartered debt collector called him at an excessive and harassing rate.
Former MS Fire Protection employee alleges he is owed unpaid wages
FRESNO – A Fresno County fire sprinkler installer is alleged to have engaged in illegal pay practices.
After staggering award in latest talc trial, just what is the scientific and geological evidence?
From past history, the size of the award by a St. Louis jury will drop, likely drastically, and it may well be overturned on appeal.
Appeals court agrees to dismiss Costco sales tax case involving Ensure
An appeals court will not rehear a sales tax case against Costco involving the nutritional supplement Ensure. California's First District Court of Appeal, Division Three, modified a lower court's opinion but supported the ruling to dismiss the case.
Ruling favors Nutrition Distribution in false advertising claim against Pep Research
In the underlying case, which began in 2016, Nutrition Distribution sued its rival under the Lanham Act and later added the claim the company was in the violation of the Racketeer Influenced and Corrupt Organization (RICO) Act.
Case involving public's right to take photos at U.S.-Mexico border will be heard in court
A California court has reversed a ruling that dismissed a First Amendment case involving the U.S. Customs and Border Protection. The matter, involving the public's right to take photographs at the U.S.-Mexico border, will now be heard in court.
Claim against anti-obesity drug Contrave can move forward
Claim alleges that anti-obesity drug maker Contrave violated SEC rules, in releasing case study information early
Appellate court orders denial of summary judgment in suit over San Francisco marathon runner's death
SAN FRANCISCO – On Aug. 13, the Court of Appeal of the State of California, 1st Appellate District, Division Four reversed in part and affirmed in part a wrongful death case filed by the family of a man who died shortly after crossing the finish line of the San Francisco Half Marathon.
Appeals court addresses the definition of 'outdoor' in AC Transit bus case
SAN FRANCISCO – The Court of Appeal of the State of California for the 1st Appellate District, Division Four reversed in part and affirmed in part a case that addressed whether the inside of a non-air-conditioned bus should be held to state regulations as an outdoor work environment on Aug. 13.
Court rules Center for Biological Diversity's motion does not entitle it to order stop of injections
SAN FRANCISCO – The Court of Appeal of the State of California in the 1st Appellate District, Division Five affirmed a lower court’s ruling that denied a biological center’s petition to order a state department to close oil and gas wells.