Appeals

CVS Must Face Revived Lawsuit in U.S. Over Vitamin E Label

A federal appeals court on Tuesday revived a lawsuit accusing CVS Health Corp, one of the largest U.S. drugstore chains, of deceiving consumers with labels touting how CVS-branded vitamin E promotes “heart health.” The 1st U.S. Circuit Court of Appeals in Boston said the plaintiff, Ronda Kaufman, can pursue a proposed class action accusing CVS of violating a New York consumer …


Red-Light Camera Refunds at Issue in Court Fight

A federal appeals court has refused to block part of a class-action lawsuit that seeks to force Florida local governments to refund money to motorists who were cited for running red lights after being recorded by traffic cameras. The case includes dozens of local governments throughout the state and, according to a brief filed …


Former Senator Pledges to Support Vets in Fukushima Lawsuit

Former Sen. John Edwards has pledged to support hundreds of U.S. sailors, Marines and airmen who say they were sickened by radioactive fallout from the 2011 disaster at the Fukushima Dai-ichi nuclear power plant. U.S. forces participated in relief efforts after a 9.0-magnitude earthquake triggered a tsunami that battered swaths of northeastern Japan, including the plant. Edwards — the 2004 …


U.S. Appeals Court Dismisses AT&T Data Throttling Lawsuit

A federal appeals court in California on Monday dismissed a U.S. government lawsuit that accused AT&T of deception for reducing internet speeds for customers with unlimited mobile data plans once their use exceeded certain levels. The company, however, could still face a fine from the Federal Communications Commission regarding the slowdowns, also called “data throttling.” The U.S. …


Court Tosses Data Speed Reduction Lawsuit Against AT&T

A federal appeals court has dismissed a lawsuit by federal officials that claimed AT&T misled millions of smartphone customers with unlimited data plans who had their Internet speeds cut. The 9th U.S. Circuit Court of Appeals said Monday that AT&T was exempt from the prohibition against unfair and deceptive practices that the Federal …


Lawsuit Against Kim Davis Dismissed by Judge

(Associated Press) A federal judge has dismissed a lawsuit against a Kentucky clerk who refused to issue marriage licenses to same-sex couples. U.S. District Judge David Bunning issued orders on Thursday dismissing the lawsuit brought by two gay couples and two straight couples against Rowan County Clerk Kim Davis. Bunning’s orders come after the 6th U.S.


Emerald Isle Lawsuit Could Shift Public Line in the Sand on NC Beaches

Beachgoers in North Carolina have long enjoyed open access to the state’s 301 miles of shoreline – from the ocean’s edge to the waterside base of the shifting dunes. At low tide, people might be walking, sunbathing on a towel, building sand castles, throwing out a fishing line or playing beach games on wet or dry sand. High tide might leave only a sliver of dry sand for the public access, but …


BlackBerry Wins Appeal of Shareholder Lawsuit

A U.S. appeals court on Wednesday upheld the dismissal of a lawsuit accusing BlackBerry Ltd of fraudulently inflating its stock price by painting an upbeat picture of the prospects for its BlackBerry Z10 smartphone line that was misleading. While the 2nd U.S. Circuit Court of Appeals in New York said the lawsuit failed to state a plausible claim, it ordered a lower-court judge to reconsider …


Class Action Alleging Law School Fraud Shot Down by Appeals Court

A federal appeals court has dealt the latest blow to a lawsuit alleging law school students were defrauded with misleading employment statistics. The Third U.S. Circuit Court of Appeals on Tuesday upheld a lower-court’s ruling that Widener University School of Law graduates don’t have enough in common to sue the school through a class action.


Student’s Gender-Bias Lawsuit Against Columbia May Proceed, Court Rules

After two years of legal back-and-forth, a Columbia student will be allowed to sue the University, which he claims violated his Title IX rights in an adjudication process that found him responsible for sexual assault. The student, identified by the pseudonym “John Doe,” initially filed a lawsuit against the University in the spring of 2014. But after a federal judge dismissed the lawsuit …