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SFMS Law Blog

Not what Volkswagen wants to see: class action age-bias claim

A collective reaching for the Advil.

That might be have been the go-to group response of senior executives participating in undoubtedly tense meetings last week at the headquarters of German automaker Volkswagen. The global car-making company was visited on June 29 with a lawsuit that promises to challenge the iconic enterprise in a material way.

Florida Health Care Group Pays $1.7 Million Settlement in Medicare False Claims Suit

The U.S. Department of Justice ("DOJ") announced on July 2, 2018, that FWC Urogynecology LLC ("FWC"), a network of urogynecologists in Florida, has agreed to pay $1.7 million to settle claims that it violated the False Claims Act ("FCA"). The United States notified the court of its intent to intervene and prosecute the suit on May 16, 2018.

SEC looking for better ways to reward, protect whistleblowers

Regulators from the U.S. Securities and Exchange Commission have a potent weapon in their war against fraud that harms American investors and roils the financial markets.

That is the whistleblower, marked collectively by persons commanding insider knowledge of illicit behavior. Those individuals have stepped forward time and again to spotlight wrongdoing and enable innocent third parties to recover lost monies.

Class Certification Granted In Canada Dry Ginger Ale False Advertising Suit

U.S. Magistrate Judge Nathanael M. Cousins of the Northern District of California granted class certification to consumers in a case against Dr Pepper Snapple Group Inc. ("Dr Pepper") on June 26, 2018. Consumers successfully proved a sufficient number of people relied on the claim that Dr Pepper's Canada Dry ginger ale ("Canada Dry") is "made from real ginger," which Dr Pepper's own internal marketing research confirmed.

How a business can smartly respond to an employment law concern

Some areas of American law are comparatively accessible and easy to understand. Their subject matter does not spill forth from thousands of legal tomes and entail dense judicial opinions spanning virtually every aspect of human behavior and interaction.

Employment law is not one of those realms. We quickly note that on our website at the Connecticut business law firm of Shepherd, Finkelman, Miller & Shah, LLP. We state therein that the rights and duties of employers and workers “are governed by complex laws and numerous agencies at the state and federal levels.”

Instagram Model Files Class Action against PopSugar

Instagram influencer Nita Mann ("Mann") filed a proposed class action suit in the Northen District of California on June 25, 2018, against lifestyle and media company PopSugar, Inc. ("PopSugar"). Mann, who graduated with a law degree from the Dedman School of Law at Southern Methodist University and boasts over 200,000 Instagram followers, accused PopSugar of copying and reposting thousands of her pictures without her consent and profiting off them through an online shopping platform.

Merrill Lynch to Pay $42 Million Penalty for Obscuring Trade Locations

The brokerage firm, Merrill Lynch Pierce Fenner & Smith Inc. ("Merrill Lynch"), agreed on June 19, 2018 to pay a $42 million fine to the U.S. Securities and Exchange Commission ("SEC") for misleading its customers as to where their trades actually occurred. This agreement follows a previous $42 million fine in March settling identical allegations from the office of the New York Attorney General.

Cruise Control Malfunction Causes a Recall of Over 4.8 Million Vehicles

On May 25, 2018, Fiat Chrysler Automobiles ("FCA") recalled 4.8 million vehicles due to a possible cruise control malfunction, including various models of Chryslers, Dodges, Jeeps, and Ram pickups. The recall is to resolve the "unlikely" possibility that the cruise control system fails to turn off upon driver command.

Three key things to understand about workplace sexual harassment

In the last year, the #metoo movement has had a powerful impact on the employment landscape. Thousands of courageous sexual harassment victims around the country have come forward and spoken out against this pervasive problem. More than ever, society is sending a strong message that sexual harassment will have consequences.

If you’re contending with uninvited sexual behavior in the workplace, here are a few things you should know:

Walgreens Held Liable for Pharmacist's Vehicle Accident

On June 13, 2018, a Louisiana Court of Appeal panel for the Third Circuit affirmed a previous judge's ruling finding Walgreen Co. ("Walgreens") vicariously liable for the damages resulting from a car accident caused by one of its pharmacists.