“A judge in Durham County, North Carolina has handed down what may be the nation’s first dispositive ruling in favor of policyholders in a COVID-19 business-interruption lawsuit,” reports Jim Sams in Claims Journal.

“Superior Court Judge Orlando F. Hudson Jr. ruled on Oct. 7 that closure orders that restricted the use of a group of 16 restaurants in the Raleigh-Durham area constituted a ‘direct physical loss’ that was covered by the policy.”

“According to a litigation tracker maintained by the University of Pennsylvania law school, as of Thursday 1,183 lawsuits have been filed seeking coverage from insurers for business income losses caused by coronavirus closure orders. Judges have granted insurers’ motions to dismiss in 26 cases, but have denied dismissal motions in 12 cases, including the Durham County lawsuit, according to the university’s data.”

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“The international investment bank Goldman Sachs agreed to pay $2.9 billion and admit wrongdoing for its involvement in the plundering of an economic development fund meant to benefit Malaysia, under the terms of a settlement announced Thursday by the U.S. Justice Department,” reports Pete Williams in NBC News’ U.S. News.

“Instead of helping develop Malaysia’s economy, the fund’s overseers embezzled roughly $4 billion and bought real estate in Beverly Hills and New York, yachts, a jet and works by Vincent Van Gogh and Claude Monet, prosecutors said. Some of the money, they said, was used to cover gambling debts at Las Vegas casinos and to help finance the hit movie, ‘The Wolf of Wall Street.'”

“Goldman agreed to pay a penalty and to give back the millions in fees it earned from its work in arranging bonds for the fund managers. Goldman admitted that two former executives participated in an agreement to pay $1.6 billion in bribes to help secure the business.”

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“Family members of a 61-year-old San Pedro grandmother who was killed by a falling 80-foot tree at her daughter’s 2016 wedding party in Whittier have reached a tentative $28 million settlement with the city,” reports City News Service in Whittier Daily News.

“The lawsuit stemming from Margarita Mojarro’s death was filed in Los Angeles Superior Court in April 2017, alleging wrongful death and that a dangerous condition of public property existed.”

“The case was later transferred to Norwalk Superior Court and the plaintiffs’ motion for a finding that the settlement was made in good faith is scheduled to be heard Friday by Judge Raul Sahagun.”

“The settlement does not involve the part of the family’s case against West Coast Arborists LLP, which contracted with the city to inspect and trim trees at Penn Park, where the tree fell, according to the plaintiffs’ attorneys’ court papers.”

“The city also has a cross-complaint against the company for indemnity.”

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“Purdue Pharma, the maker of OxyContin, has agreed to plead guilty to three federal criminal charges for its role in creating the nation’s opioid crisis and will pay more than $8 billion and close down the company,” reports Chris Isidore in CNN Business.

“The money will go to opioid treatment and abatement programs. The privately held company has agreed to pay a $3.5 billion fine as well as forfeit an additional $2 billion in past profits, in addition to the $2.8 billion it agreed to pay in civil liability.”

“The company doesn’t have $8 billion in cash available to pay the fines. So Purdue will be dissolved as part of the settlement, and its assets will be used to create a new ‘public benefit company’ controlled by a trust or similar entity designed for the benefit of the American public. The Justice Department said it will function entirely in the public interest rather than to maximize profits. Its future earnings will go to paying the fines and penalties, which in turn will be used to combat the opioid crisis.”

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“The Securities and Exchange Commission (SEC) issued a litigation release today alleging charges of microcap fraud that involved an attorney prominent in the US crowdfunding sector,” reports JD Alois in Crowdfund Insider.

“According to the SEC complaint, Jillian Sidoti, affiliated with the law firm known as CrowdfundingLawyers.net, facilitated alleged fraudulent dumping of securities of penny stock company Blake Insomnia Therapeutics.”

“According to the SEC complaint, as an attorney for Blake, Sidoti apparently drafted and signed documents that contained materially false information regarding the operations and control of Blake, including a private placement memorandum and registration statements filed with the Commission.”

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“The U.S. sued Google on Tuesday, accusing the $1 trillion company of illegally using its market muscle to hobble rivals in the biggest challenge to the power and influence of Big Tech in decades,” reports Diane Bartz and David Shepardson in Reuters U.S. Legal News.

“The Justice Department lawsuit could lead to the break-up of an iconic company that has become all but synonymous with the internet and assumed a central role in the day-to-day lives of billions of people around the globe.”

“The lawsuit marks the first time the U.S. has cracked down on a major tech company since it sued Microsoft Corp for anti-competitive practices in 1998. A settlement left the company intact, though the government’s prior foray into Big Tech anti-trust – the 1974 case against AT&T – led to the breakup of the Bell System.”

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“RFCyber Corp. filed a complaint for patent infringement against defendants Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. … alleging that Samsung infringed its contactless payment method via its Samsung Pay service on its mobile devices,” reports Kirsten Errick in Law Street’s Tech.

“According to the plaintiff, Samsung has infringed at least claim 1 of the ’218 patent by having products with an ‘e-purse,’ allegedly using the plaintiff’s patented method. The ‘method comprising: providing a portable device including or communicating with a smart card pre-loaded with an emulator configured to execute a request from an e-purse applet and provide a response the e-purse applet is configured to expect, the portable device including a memory space loaded with a midlet that is configured to facilitate communication between the e-purse applet and a payment server over a wireless network, wherein the e-purse applet is downloaded and installed in the smart card when the smart card is in communication with the payment server…’ furthermore, the e-purse applet and the payment server communicate over a network to create a secure channel for various operations.”

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“The maker of NordicTrack and other in-home fitness brands has sued Peloton, claiming its cycling rival stole features for its newest stationary bike,” reports Jordan Valinsky in CNN Business.

“The lawsuit filed by Icon Health and Fitness on Thursday alleges patent infringement. Icon claims that two new features in Peloton’s Bike+ — a swiveling touchscreen and the bike automatically changing resistance during classes — were ‘developed and used by Icon well before Peloton.'”

“Icon said it has a patent pending on the swivel screen and hold a patent on the resistance feature, which Peloton calls “auto-follow.” Both features are used on Icon’s current line of products, which also includes iFit and FreeMotion brands that make several varieties of gym equipment including bikes and treadmills.”

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“A finance manager at a used car dealership in Portland was fired by his boss during a staff meeting for questioning the company’s alleged cover-up of a coronavirus cluster, a lawsuit claims,” reports Maxine Bernstein in The Oregonian/OregonLive’s Coronavirus.

“Shawn McCrary, 41, of Portland, sued Lapin Motor Co. and owner Leo Lapin in a wrongful discharge and whistleblower suit this month, seeking $1.4 million in damages.”

“McCrary alleges Lapin berated, assaulted and fired him in an ‘alcohol and drug-induced rage’ during an all-staff meeting on July 31.”

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“Pilgrim’s Pride Corporation … announced that it has entered into a plea agreement with the United States Department of Justice Antitrust Division in respect to its investigation into the sales of broiler chicken products in the United States,” posted Pilgram’s Investor Relations.

“In the plea agreement, which is subject to the approval of the United States District Court of Colorado, Pilgrim’s and the Antitrust Division agreed to a fine of $110,524,140 for restraint of competition that affected three contracts for the sale of chicken products to one customer in the United States. The agreement does not recommend a monitor, any restitution or probationary period, and provides that the Antitrust Division will bring no further charges against Pilgrim’s in this matter, provided the company complies with the terms and provisions of the agreement. Pilgrim’s expects to record the fine as a miscellaneous expense in its financial statements in the third quarter of 2020.”

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“Nissan Motor Co’s U.S. lending arm agreed on Tuesday to pay a $4 million U.S. fine to settle a government agency’s allegation that it improperly repossessed hundreds of consumers’ vehicles,” reports David Shepardson in Thomas Reuters’ Autos.

“The Consumer Financial Protection Bureau (CFPB) said that between 2013 and 2019, Nissan Motor Acceptance Corp (NMAC), a subsidiary of the Japanese automaker’s North American unit, ‘wrongfully repossessed hundreds of consumers’ vehicles despite the consumer having made payments’ or taken other actions. Nissan must pay up to $1 million to consumers subject to a wrongful repossession.”

“NMAC repossessed vehicles from consumers who made payments that decreased delinquency to less than 60 days past due or took other steps that should have prevented repossessions, the bureau said, adding NMAC told consumers it would not repossess vehicles if payments were less than 60 days past due.”

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“A U.S. District Court judge has ordered New Prime to send letters to 30,000 truck drivers to let them know that a $28 million settlement involving the Springfield, Mo.-based trucking company is legitimate,” report Mark Schremmer in Land Line.

“Earlier this summer, Prime and truck drivers Dominic Oliveira and Rocky Haworth reached a $28 million settlement regarding claims that Prime improperly paid drivers in violation of the Fair Labor Standards Act, Missouri minimum wage law, and related laws.”

“On Oct. 5, about 40,000 former and current Prime drivers and trainees were notified – an estimated 30,000 of them by email – about the website PrimeTruckingSettlement.com and their potential eligibility to receive funds from the court-approved settlement. According to court documents, on the same day a supervisor at Prime sent a message through the company’s app and Qualcomm system telling its drivers not to click on the link of the email because it was a “phishing” scam. The same supervisor sent a second Qualcomm message about an hour later retracting the previous message.”

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“Connecticut Attorney General William Tong announced Monday that the generic opioid manufacturer Mallinckrodt has agreed to a $1.6 billion settlement to resolve a host of lawsuits that arose in response to tens of thousands of deadly opioid overdoses nationwide fueled, in part, by prescription drugs,” reports Nicholas Rondinone in Hartford Courant’s Breaking News.

“Exactly how the money will be distributed remains under negotiation, Tong said, but the settlement and pressures from the COVID-19 pandemic led the drug maker, one of the largest supplier of generic opioids, to file bankruptcy this week.”

“In the settlement framework, Mallinckrodt has agreed to pay the money into a trust, which will go toward response to the opioid epidemic and help address individual claims against the company for its role in the crisis, Tong’s office said.”

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“A $56 million settlement between Massachusetts and the natural gas utility found responsible for a series of explosions and fires in the state in 2018 was approved by the state Department of Public Utilities,” reported by Associated Press in The Washington Post’s Climate & Environment.

“The settlement with Columbia Gas of Massachusetts and its parent, NiSource, was agreed to in July and approved Wednesday, the state Executive Office of Energy and Environmental Affairs announced in a statement.”

“The explosions in Lawrence, Andover and North Andover in September 2018 killed one person, injured almost two dozen and damaged more than 100 buildings. Federal investigators blamed the explosions on overpressurized gas lines.”

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“Mayo Clinic Jacksonville and a proposed class of 371 patients it treated for motor vehicle accident injuries received preliminary approval of a settlement involving claims the health-care provider overcharged them, a federal court in Florida said,” reports Mary Anne Pazanowski in Bloomberg Law’s The United States Law Week.

“The class was reasonably defined and met all the prerequisites for class certification, the U.S. District Court for the Middle District of Florida said Tuesday.”

“Additionally, the total settlement amount of just over $1 million appeared to be adequate, except for the amounts allocated to an incentive fee for the named plaintiff and for class counsel’s attorneys’ fees, the court said.”

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“Johnson & Johnson will pay out over $100 million to settle more than 1000 lawsuits that claim the pharmaceutical giant’s baby powder caused cancer,” reports Daniel Cassady in Forbes’ Breaking News.

“The settlement is the first in four years of litigation and nearly 20,000 lawsuits that allege Johnson & Johnson’s baby powder and talc products caused cancer due to asbestos contamination, according to the report.”

“In 2018, a New York Times investigation found Johnson & Johnson had for at least 50 years been aware of possible asbestos contamination in its talc products without telling consumers. Test results detected no greater than 0.00002% of “chrysotile asbestos” in the talc products that were recalled in October. Thousands of lawsuits have been filed against the company by people who claim to have developed mesothelioma and ovarian cancer, both of which are linked to asbestos exposure, after using the company’s talc products.”

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“A federal grand jury has indicted Stephen L. Snyder, age 72, of Miami Beach, Florida, on the federal charges of attempted extortion and interstate travel and use of an interstate facility to carry on unlawful activity, also known as the Travel Act. Snyder was the senior partner at a Baltimore-based law firm specializing in plaintiff-side medical malpractice litigation,” released in the The United States Attorney’s Office District of Maryland.

According to the indictment “between January and October 2018, Snyder attempted to obtain $25 million from the University of Maryland Medical System (UMMS) for himself, separate and apart from any claim by one of his clients, by using threats of economic and reputational harm to UMMS and its organ transplant program. Specifically, the indictment alleges that Snyder threatened that if UMMS did not pay him $25 million, Snyder would launch a public relations campaign against UMMS that alleged, among other things, that UMMS transplanted diseased organs into unsophisticated patients without informing them of the quality of the organs they were receiving in order to generate revenue. According to the indictment, Snyder told UMMS officials that the campaign would include: a front-page article in the Baltimore Sun; other national news stories; a press conference; advertisements on the Internet, including one that would run every time someone accessed the UMMS transplant site; and at least two videos Snyder produced and would air if his demand for a $25 million payment were not met.”

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“A Florida attorney and former outside counsel for 1 Global Capital LLC (1 Global), has been charged today with conspiring to commit wire fraud and securities fraud in connection with an investment fraud scheme that, as alleged, impacted more than 3,600 investors in 42 different states, and involved him personally and fraudulently raising more than $100 million from investors,” released the Department of Justice in The United States Attorney’s Office for the Southern District of Florida.

“Andrew Dale Ledbetter, 78, of Fort Lauderdale, Florida, is charged in an information with conspiracy to commit wire fraud and securities fraud. The case is assigned to U.S. District Judge Darrin P. Gayles of the Southern District of Florida.”

“According to the allegations in the information, 1 Global was a commercial lending business based in Hallandale Beach, Florida, that made the equivalent of “pay day” loans with high interest rates to small businesses, termed merchant cash advance loans (MCAs). To fund these loans, 1 Global obtained funds from investors nationwide, offering short-term investment contracts that promised to “place” the investors’ money onto MCAs.”

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“The Justice Department announced a guilty plea to FCPA charges by Sargeant Marine, Inc., a privately-owned company, based in Boca Raton, Florida. Sargeant Marine, an asphalt company, plead guilty to one count of conspiracy to violate the anti-bribery provisions of the FCPA and agreed to pay a fine of $16.6 million for bribery schemes in Brazil, Venezuela and Ecuador,” writes Michael Volkov in Volkov’s Blog.

“Between 2010 and 2018, Sargeant Marine paid millions of dollars in bribes to foreign officials in Brazil, Venezuela and Ecuador to secure contracts to purchase or sell asphalt to state-owned and state-controlled oil companies.”

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“Kentucky will receive more than $1.9 million as its share of a settlement with a company over a data security breach that compromised the personal information of 78.8 million Americans,” reports Steve Rogers in WTVQ’s Local News.

“Anthem, Inc. agreed to pay $39.5 million to 43 states and the District of Columbia. Kentucky will receive $1,929,942.02. In addition to the payment, Anthem has also agreed to a series of data security and adequate governance provisions designed to strengthen its practices going forward, according to Attorney General Daniel Cameron, who announced the settlement.”

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