Protecting Yourself From Lawsuits Involves Many Shades of Gray

Americans file 15 million lawsuits each year. Not every lawsuit has merit. Not every lawsuit has issues that are clearly defined in black and white. But there are many hungry lawyers eager to represent a plaintiff on a contingency-fee basis, which means you have to defend yourself. One reason entrepreneurs are so vulnerable is because…

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New York City Agrees to Menu-Labeling Delay

In the wake of the Food & Drug Administration (FDA) filing court papers a few weeks ago intervening in a current court case challenging the New York City menu-labeling mandate, the Big Apple has agreed to delay implementation. Under the terms of a stipulation filed with the US District Court for the Southern District of…

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Miscellaneous

Two different court actions are notable this week as shopping center giant Simon Property Group filed a lawsuit against Starbucks over the company’s decision to close all 379 of its Teavana stores. According to the court action, 78 of those stores are in Simon malls and would constitute breach of their leases if the company…

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Soda Tax Challenged

Well, the fact that the Philadelphia soda tax has been upheld by the Pennsylvania courts wasn’t enough to discourage the Illinois Retail Merchants Association from filing a court challenge to the new Cook County soda tax. The group filed a lawsuit asking for a temporary restraining order and a preliminary injunction in Cook County Circuit…

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If At First You Don’t Succeed . . .

Over the past several weeks, we’ve reported a date & time for the impending confirmation hearing of Labor Secretary nominee Andy Puzder – each time giving a date in the upcoming week when the hearing was scheduled, and each week it has been postponed. Next week, the US Senate HELP Committee has scheduled a public…

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Miscellaneous

A California customer of Krispy Kreme has filed a $5 million dollar class action lawsuit for false and misleading business practices against the North Carolina based chain.  The suit contends that four of the company’s donuts do not contain raspberries, blueberries or maple as the company claims.  The suit was filed in the US Court…

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Small Businesses Sue Credit Card Companies Over Chip

A lawsuit challenging the major credit card companies over requiring merchants to use new embedded chip technology has been allowed to move forward by San Francisco-based US District Court Judge William Alsup.  The action, initiated by four smaller grocery stores in California, Florida and New York, contends that VISA, MasterCard, American Express and Discover conspired…

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Appeals Court Allows LA Hotel Worker Minimum to Stand

A three judge panel of the 9th Circuit Court of Appeals has allowed a lower court ruling to stand, rejecting a challenge brought against the Los Angeles Fair Wage Ordinance.  The 2014 fair-wage law required hotels with more than 150 hotel rooms to pay their workers a minimum of $15.37 per hour and was challenged…

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Wisconsin is Right-To-Work State, Again, For Now

In March of 2015, Governor Scott Walker signed the Wisconsin Right-to-Work bill into law, making the Wisconsin the 25th right-to-work state in the nation.  The law was challenged by organized labor and struck down last month by Dane County Circuit Judge William Faust, who also declined to stay his ruling pending appeal.  Notwithstanding his refusal…

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SCOTUS Sides With Pregnant Worker vs. UPS

The Supreme Court of the United States this week agreed with a pregnant UPS worker’s contention that the lower court erred in finding in favor of UPS and remanded the case to the Fourth Circuit court.  Interestingly, the Supreme Court rejected both of the actual claims put forth by attorneys for Peggy Young, the pregnant…

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