About two weeks ago, several former contestants on NBC weight-loss competition The Biggest Loser spoke to the NY Post, publicly accusing trainers, show staff, and the show’s resident physician, Dr. Robert Huizenga of a variety of questionable behaviors. Now “Dr. H” is firing back with a lawsuit against both the Post and one of the former “losers.” [More]
lawsuits
Couple That Was Sued For $1M Over Yelp Review Asks Court To Dismiss Lawsuit
By 6.2.16
For months, we’ve been following the saga of the Texas couple who were first sued by their petsitter for $6,766 over a negative Yelp review, only to have that case dropped and re-filed as a full-on defamation lawsuit seeking up to $1 million in damages. Now, the couple is asking the court to just throw the entire case out because it should be prohibited by Texas state law. [More]
Court Says ‘Model Mayhem’ Site Can Be Sued For Not Warning Models About Pair Of Rapists
By 6.1.16
Can a networking site for aspiring models be held accountable if it fails to warn users when it is aware that sexual predators have been using the site to target, drug, and rape women? A federal appeals court says that the law doesn’t necessarily protect the site’s owners from liability. [More]
Nonprofit Hospitals Suing Poor Patients Without Telling Them They Qualify For Reduced Or Free Care
By 6.1.16
Given that nonprofit hospitals are tax-exempt, the general view is that their primary focus should be on providing care for those who need it rather than making using the court system to make those patients pay up. Almost all of these hospitals have programs to reduce bills for people living below or near the poverty line, but some are suing poor patients without ever telling them about these options. [More]
Former Trump University Managers Call Out “Dishonest” Program In Unsealed Testimony
By 6.1.16
Newly unsealed testimony from a lawsuit against the now-defunct Trump University appears to indicate that employees at the real estate training program were more focused on upselling students on additional seminars than they were on providing a bona fide education. [More]
States Hungry For Online Sales Tax Looking At Challenge To South Dakota Law
By 5.31.16
Amazon now collects sales tax in more than half the states, but that still leaves a substantial portion of the country not paying taxes on their purchases. Even in states where Amazon is collecting taxes, some other online retailers say they don’t have to collect taxes because they have no physical presence in the state. A new South Dakota law is a direct attack on these companies, and if it stands up to legal scrutiny it could have nationwide implications. [More]
Is Facebook Trying To Scuttle Facial-Recognition Lawsuit By Changing Illinois Law?
By 5.27.16
Earlier this month, a federal court gave the go-ahead to a lawsuit alleging that Facebook’s photo-scanning, facial-recognition feature violated Illinois state law. Having lost that legal battle, it looks like Facebook may be trying to get out of the lawsuit by simply changing that Illinois law. [More]
Gawker Media Looking For A Buyer Amid Hulk Hogan Legal Battle
By 5.26.16
Gawker Media — former parent company to Consumerist and former employer of two current staffers — is considering the option of selling itself off as it continues to fight an expensive legal battle against Hulk Hogan. [More]
210 Law Professors Agree: Banks Should Not Be Able To Sidestep Legal System When They Break The Law
By 5.24.16
Earlier this month, the Consumer Financial Protection Bureau proposed rules that would make it more difficult for banks, credit card companies, and other financial services to stripping customers of their constitutional right to file lawsuits against these companies. The 90-day public comment period has finally opened on this rule, and the first one comes from a chorus of 210 law professors who all agree that consumers deserve the right to their day in court. [More]
New York Sues Domino’s Pizza HQ, Alleges Underpayment Of Workers
By 5.24.16
A new lawsuit filed by New York state prosecutors accuses Domino’s Pizza and three Domino’s franchisees of underpaying workers at 10 stores by at least $565,000. Meanwhile, Domino’s HQ contends it should not be a defendant because franchisees are responsible for handling issues of pay. [More]
Bank Of America Won’t Have To Pay $1.2 Billion For Countrywide’s “Hustle” Mortgage Scam
By 5.23.16
Nearly eight years after Bank of America bailed out Countrywide Financial, a federal appeals court has ruled that BofA should not have been held liable for Countrywide’s “Hustle” scam in which the company sold Fannie Mae and Freddie Mac a ton of poorly underwritten mortgages knowing that they were worthless. [More]
Facebook Lawsuit Over Scanning Of Private Messages Moves Forward, But Plaintiffs Will Receive No Money
By 5.20.16
Way back in late 2013, a lawsuit accused Facebook of scanning links in users’ private messages and turning them into public “Likes,” from which the company earned revenue. This week, a federal court certified the class action, giving it the green light to move forward, but none of the plaintiffs should expect to see any money if they prevail at trial. [More]
Lawsuit Accuses Cheez-It Of Falsely Advertising “Whole Grain” Crackers
By 5.19.16
What does it mean for a food to be labeled “whole grain”? Even if there is no official standard for that term, do you expect that a whole grain version of a product would be healthier than the original? [More]
LearningRx To Pay $200K For Allegedly Unproven Claims That Brain Training Can Improve Income, Treat Autism & ADHD
By 5.18.16
The company behind the LearningRX “brain training” program has agreed to pay a $200,000 settlement and to stop making claims that its system is clinically proven to treat serious health conditions, or that it can dramatically improves a user’s IQ or income. [More]
Court Upholds Judgment Against Napster Co-Founder In Jerk.Com Case
By 5.18.16
Two years ago, the Federal Trade Commission accused Napster co-founder, and creator of Jerk.com, John Fanning of pilfering data from Facebook accounts then charging people $30 each to manage their online reputations. A federal appeals court recently upheld most of the FTC’s ruling that Fanning deceived consumers about the source of the information contained on Jerk.com and the benefits of paying for membership. [More]
The 3 Myths Banks Are Using To Defend Their “Get Out Of Jail Free” Cards
By 5.18.16
Earlier this month, the Consumer Financial Protection Bureau proposed rules intended to restore some of those constitutionally granted rights that the Supreme Court has stripped away in recent decades. Faced with the possibility of having to be held responsible for their bad actions, some industry groups are coming out in force against the rules, presenting the same laughably thin argument that consumers ultimately benefit by not being able to sue the companies they do business with. [More]
Court Won’t Stop San Francisco’s Mandatory Warnings On Soda Ads
By 5.17.16
In 2015, San Francisco enacted a new city ordinance requiring warnings on ads for soda and other sugary drinks. With the new rules set to go into effect later this summer, a number of trade groups are suing the city to overturn the law. The plaintiffs had hoped to get an injunction preventing San Francisco from enforcing the warning label requirement, but today a federal court said the city can go ahead with the ordinance for now. [More]
Customer Who Claimed Whole Foods Cake Featured Anti-Gay Slur Apologizes, Drops Lawsuit
By 5.16.16
A Texas pastor who had accused Whole Foods workers of adding an anti-gay message on a cake he ordered has dropped his lawsuit against the grocery chain, and offered up an apology for the apparent hoax. [More]
