U.S. to Pay SC $600M in Settlement Over Remaining Plutonium at Savannah River Site

“Attorney General Alan Wilson announced Monday that the State of South Carolina and the United States have reached a settlement to end litigation related to weapons-grade plutonium that was relocated to the Savannah River Site in the early 2000s,” reports WSPA Staff in WSPA News.

“According to the settlement, the U.S. will pay South Carolina $600 million immediately and the Department of Energy says they will remove the plutonium by 2037.”

“The settlement ends six years of litigation related to the remaining 9.5 metric tons of weapons-grade plutonium.”

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Vero Beach Lawyer Buck Vocelle Charged with DUI, Property Damage and Personal Injury

“Vero Beach lawyer Louis ‘Buck’ Vocelle, Jr., was arrested Saturday night and charged with DUI, property damage and personal injury,” reports Catie Wegman in TCPalm.’s News.

Vocelle, 64, was arrested near Cleveland Clinic Indian River Hospital. He posted a $1,000 bond and was released Sunday, with a court date set for September 22.

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Ex-UAW Boss Williams Charged in Embezzlement Scandal as Federal Probe Continues 

“Retired United Auto Workers President Dennis Williams was charged Thursday with conspiracy to embezzle union funds following a years-long investigation into racketeering, bribery and other crimes that has pushed one of the nation’s most powerful unions to the brink of a federal takeover,” report Robert Snell, Jordyn Grzelewski and Breana Noble in The Detroit News’ Autos.

“Williams, 67, of Corona, Calif., is the second UAW president charged during an investigation by agents from the FBI, Labor Department and Internal Revenue Service during a probe that has led to 14 convictions. It has revealed labor leaders and auto executives broke federal labor laws, stole union funds and received bribes and illegal benefits from union contractors and Fiat Chrysler Automobiles NV executives.”

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Former Crestline Police Chief Joe Butler Awarded $380,000 Settlement

“Former Crestline police chief Joe Butler has been awarded a $380,000 settlement in a lawsuit he filed against the village,” reports Lou Whitmire in Mansfield News Journal.

“In the suit, Butler sought $1.6 million in compensatory and punitive damages, alleging the actions of the defendants were a direct effort to retaliate against him for his effort to expose then-mayor Allen Moore’s racially discriminatory remarks. The suit claimed they did so by attacking Butler’s public reputation, interfering with his public duties and ultimately depriving him of his position and his career in law enforcement.”

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Lawyer Can’t Sue Over Poor Avvo Rating and Allegedly Incorrect Bar Status, Federal Judge Rules

“Updated: A federal judge in Seattle has tossed a lawyer’s $1.5 million defamation lawsuit against Avvo for allegedly posting false information that made him look ‘terrible,'” reports Debra Cassens Weiss in ABA Journal’s Daily News.

“U.S. District Judge James L. Robart of the Western District of Washington dismissed lawyer Andrew U.D. Straw’s claims for defamation, tortious interference with contractual relations, intentional infliction of emotional distress and disability discrimination.”

“Straw took issue with two Avvo statements. The first was his then-Avvo rating of 3.1 out of 10. The second was an allegedly false description of Straw’s Virginia bar status as ‘not active but disabled.'”

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Split Pa. Supreme Court Leaves Nationwide Free of $21M Bad-Faith Judgement

“A deadlocked Pennsylvania Supreme Court on Tuesday voted to let stand a state Superior Court ruling overturning a $21 million bad faith ruling against Nationwide,” reports John Huetter in RDN Repairer Driven News.

“The Superior Court had held in a 2-1 2018 decision that Common Pleas Judge Jeffrey Sprecher overreached in a 2015 ruling on Nationwide’s behavior related to a Jeep left unsafe after repairs tied to a Blue Ribbon auto body shop.”

“The Supreme Court on Tuesday declared itself ‘divided in a fashion which prevents a majority disposition’ and therefore dismissed the appeal by the Jeep’s lessee. (Justice Christine Donohue didn’t participate in the case.) The move means the Superior Court decision remains intact.”

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Overbilling Suit Alleges K&L Gates Used These Techniques to Increase Fees

“An overbilling lawsuit filed against K&L Gates on Monday alleges the law firm used multiple techniques to increase its fees fraudulently while representing a company in a suit over a failed lease agreement,” reports Debra Cassens Weiss in ABA Journal’s  News.

“The Aug. 24 suit, filed in the District of Utah’s Central Division, says K&L Gates billed $1.6 million in legal fees between May 2016 and October 2016, even though it was not hired to be the primary law firm in the representation.”

“The suit was filed by Chicora Life Center and its owner, Chicora Garden Holdings. Chicora Life Center’s manager is lawyer and developer Douglas Durbano, who announced a congressional run in January but failed to get on the primary ballot, the Deseret News reported in May.”

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AG Jennings Announces Honda Airbag Settlement

“Attorney General Kathy Jennings today announced an $85 million multistate settlement with American Honda Motor Co., Inc. and Honda of America Mfg., Inc., over allegations Honda concealed safety issues related to defects in the frontal airbag systems installed in certain Honda and Acura vehicles sold in the United States. The systems were designed and manufactured by Takata Corporation, a long-time Honda supplier, and were first installed in Honda vehicles in the 2001 model year,” was posted in Delaware.gov’s news feeds.

“The settlement, reached between the attorneys general of 43 states and the District of Columbia and Honda, concludes a multistate investigation into Honda’s alleged failure to inform regulators and consumers of that the frontal airbags posed a significant risk of rupture, which could cause metal fragments to fly into the passenger compartments of many Honda and Acura vehicles. The ruptures have resulted in at least 14 deaths and over 200 injuries in the United States alone.”

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Can a Car Accident Victim Sue a Vehicle Manufacturer if an Airbag Fails to Deploy?

“While the number of cars on the road has steadily increased over the past several decades, the rate of fatal accidents has gone down significantly. In large part, this decrease is due to advancements in life-saving technology, most notably, airbags,” writes Richard P. Console, Jr. in The National Law Review.

“According to the National Highway Transportation Safety Administration (NHTSA), between 1987 and 2017, airbags saved over 50,000 lives. Of course, airbags are only effective when they work correctly. While there are several reasons why an airbag may not deploy, the most common reason is that the airbag was defective.”

“If a driver or passenger is injured in a motor vehicle accident in which the airbag did not deploy, they may be entitled to monetary compensation through various sources. Of course, if another driver caused the accident, an accident victim can pursue a claim against that party. However, there may be other claims, as well. One often overlooked claim is a product liability claim against the manufacturer of the vehicle or the manufacturer of the airbag, or both.”

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Trade Secret Misappropriation Judgment Reversed

“A tax consultant should not have been found liable for misappropriating trade secrets after he used his ex-employer’s allegedly proprietary ‘tax arbitrage’ strategy in providing services to its former clients, the 1st U.S. Circuit Court of Appeals has ruled,” reports Eric T. Berkman in New England In-House.

“The Puerto Rico-based plaintiff, TLS Management and Marketing Services, helped mainland U.S. clients profit by availing themselves of Puerto Rico’s lower tax rates through a series of complex transactions between TLS and the client.”

“After defendant Ricky Rodriguez, a TLS executive, left the company, TLS accused him of misappropriating trade secrets by utilizing the company’s strategy (which TLS referred to as its “U.S. Possession Strategy” or “the Strategy”) to provide tax services to former TLS clients using TLS documents with which the clients provided him. The company also accused him of misappropriating trade secrets by downloading the company’s Capital Preservation Report — or CPR — documents to analyze client tax situations.”

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Bayer to Pay $1.6B to Settle 90% of Essure Injury Claims

“Bayer will pay about $1.6 billion to settle nearly all of the U.S. lawsuits that, over several years, have claimed the company’s Essure birth control implant caused serious injuries,” reports Conor Hale in Fierce Biotech’s MedTech.

“The German drugmaker’s agreements with plaintiff law firms cover about 90% of nearly 39,000 filed and unfiled claims, within all of the jurisdictions with significant numbers of Essure cases, Bayer said in a statement.”

“The company is also currently in talks with lawyers representing the remaining plaintiffs. Most of the terms of the settlement agreements are confidential, but they contain no admission of wrongdoing or liability.”

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Jennifer Dulos’ Family Sues CT Judge Over Court Delays Due to COVID

“A lawyer representing Jennifer Dulos’ family has filed a federal complaint seeking to require the state Judicial Branch to foreclose on Fotis Dulos’ former Farmington residence even though housing proceedings have been halted due to the coronavirus pandemic,” reports Lisa Backus in Stamford Advocate’s Local News.

“Attorney Richard Weinstein, representing Gloria Farber and the estate of her late husband, Hilliard, wants the proceedings to move forward on the 14,000-square-foot home that was already in foreclosure when Fotis Dulos died Jan. 30 from an apparent suicide.”

“In March, Gov. Ned Lamont issued an executive order, putting a moratorium on foreclosures and evictions as the pandemic spread throughout Connecticut. Weinstein filed the complaint against Judge Patrick Carroll, chief court administrator for the state Judicial Branch, out of ‘sheer frustration,’ the attorney said. ‘Judges are precluded from entering into foreclosures and evictions even in non-COVID-related cases,Weinstein said. ‘My client is paying all this money every month and nothing is happening. I did not want to sue the judge, but every day that goes by, it costs the estate money.'”

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‘Lottery Lawyer,’ Others Accused of Swindling Winners Out of Millions

“The self-proclaimed ‘Lottery Lawyer’ has been charged in a scheme in which tens of millions of dollars was swindled from lottery winners, federal prosecutors said Tuesday,” reports Phil Helsel in NBC’s U.S. News.

“New York lawyer Jason Kurland, 46, is accused of gaining the trust of his clients, some of whom won big in Mega Millions and Powerball, and steering them to invest in businesses controlled by three other people who are also charged. Kurland is alleged to have gotten kickbacks in the scheme.”

“More than $107 million was invested in the scheme, and of that, more than $80 million was either stolen or lost, prosecutors said. The indictment was unsealed Tuesday in federal court in Brooklyn.”

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Second Circuit Overturns Tiffany’s $21M Judgment Against Costco in Trademark Battle

“Despite winning a relatively swift victory in the district court, Tiffany & Co. will not be collecting its $21 million judgment against Costco Wholesale Corp. anytime soon. In a 3-0 decision on Aug. 17, 2020, the U.S. Circuit Court of Appeals for the Second Circuit vacated the district court’s judgment for Tiffany, holding that factual questions improperly decided by the court instead should have gone to a jury,” report Andriana Shultz Daly and Stephanie A. Martinez in McGuireWoods’ Resources.

“The dispute between Tiffany and Costco began in 2012 when Tiffany, a well-known purveyor of high-end jewelry, discovered that Costco was using ‘Tiffany’ on point-of-sale signs for certain of its otherwise ‘unbranded’ diamond rings. Tiffany demanded that Costco cease use of ‘Tiffany’ in connection with its rings, and Costco complied. Costco also notified purchasers of such rings that Costco used ‘Tiffany’ merely to indicate that the rings had Tiffany-style settings, and reminded customers that they could return their rings at any time. Still, Tiffany sued for trademark infringement and counterfeiting. In response, Costco asserted that its use of ‘Tiffany’ constituted descriptive fair use.”

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Attorney Charged With Fraud And Money Laundering

“Audrey Strauss, Acting United States Attorney for the Southern District of New York, and Peter C. Fitzhugh, Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (‘HSI’), announced the unsealing of an indictment charging Pablo Renato Rodriguez, Gutemberg Dos Santos, Scott Hughes, Cecilia Millan, and Jackie Aguilar for their roles in an internationally coordinated fraud and money laundering ring involved in defrauding individuals through investments in AirBit Club, a purported cryptocurrency mining and trading company,” states the press release on the United States Department of Justice site.

“Acting United States Attorney Audrey Strauss said: ‘As alleged, the defendants put a modern-day spin on an age-old investment scam, promising extraordinary rates of guaranteed return on phantom investments in cryptocurrencies. Thanks to HSI, the defendants are in custody and facing serious criminal charges.'”

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What’s My Price? Price Gouging Enforcement, Bargaining Power and Stealth Price Increases

“Businesses may be wondering whether there is increased risk of price gouging liability when they impose higher penalty terms, ask for higher up-front payments, raise rates, or otherwise seek terms that may be more burdensome. Sellers and service provides should consider the risk of being held liable for non-price terms that result in higher customer costs,” discuss Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Nathaniel Miller, Nicollette R. Moser and Jennifer Tarr in Proskauer’s Antitrust blog.

“The majority of state price gouging laws do not address the question of non-price terms head on. Nonetheless, the perception that customers may suffer from a lesser bargaining position may impact how alleged price increases are perceived and potentially investigated. Several state attorneys general describe price gouging as involving unequal bargaining power when explaining to consumers how to identify and report concerns.”

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Nine Individuals Charged in $24 Million Paycheck Protection Program Fraud Scheme

“In one of the largest COVID-relief fraud cases to date, nine Ohio and Florida individuals are alleged to have conspired to obtain fraudulent PPP loans guaranteed by the CARES Act and to have received kickbacks for filing fraudulent loan applications,” reports D. Jacques Smith, Randall A. Brater, Alexander S. Birkhold, Michael F. Dearington, Mohammed T. Farooqui, Rebecca W. Foreman, Nadia Patel, Stephanie Trunk, Laura Zell in Arent Fox’s Investigations Blog.

“In federal criminal complaints filed in the Northern District of Ohio and the Southern District of Florida, the nine individuals were charged with a combination of bank fraud, wire fraud, conspiracy to commit bank and wire fraud, and obstruction for conspiring to obtain fraudulent PPP loans and receiving kickbacks for filing fraudulent PPP loan applications. The nine individuals are: (1) Wyleia Nashon Williams of Ft. Lauderdale, Florida; (2) Phillip J. Augustin of Coral Springs, Florida; (3) Damion O. Mckenzie of Miami Gardens, Florida; (4) Andre M. Clark of Miramar, Florida; (5) Keyaira Bostic of Pembroke Pines, Florida; (6) James R. Stote of Hollywood, Florida; (7) Ross Charno of Ft. Lauderdale, Florida; (8) Deon D. Levy of Bedford, Ohio; and (9) Abdul-Azeem Levy of Cleveland, Ohio.”

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Daimler Agrees to U.S. Diesel Settlements Worth Nearly $3 Billion

“Daimler said on Thursday it has reached agreements costing nearly $3 billion to settle civil investigations by U.S. regulators and lawsuits from vehicle owners stemming from a long-running probe into software to cheat diesel emissions tests,” report David Shepardson and Emma Thomasson in Reuters Environment.

“The settlements in principle address civil and environmental claims tied to 250,000 U.S. diesel passenger cars and vans in the United States and include claims from the Environmental Protection Agency, Justice Department, California Air Resources Board (CARB) and the California Attorney General’s Office.”

“The German carmaker said it expects the costs of the settlements with U.S. authorities will total $1.5 billion, settling with owners will cost about $700 million and ‘further expenses of a mid three-digit-million EUR (euro) amount to fulfill requirements of the settlements.'”

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Attorney Fieger Sued for Discriminating Against Mother of Sick Child

“Attorney Geoffrey Fieger, one of Michigan’s most prominent lawyers, refused to let one of his employees work from home to care for her sick child during the coronavirus pandemic, according to a new lawsuit,” reports Tresa Baldas in Detroit Free Press.

“The woman says human resources approved her request to work remotely for two days, and, that she offered to take unpaid leave if necessary because her son was ill.”

“But Fieger — who for years has worked from his luxury Caribbean hotel that he has long referred to as home — wouldn’t budge. He fired her instead, she says, so she sued the legal giant in federal court.”

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Pharmacy to Pay $3.5 Million to Resolve U.S. Claims it Helped Teva Pay Kickbacks

“A Florida-based specialty pharmacy will pay $3.5 million to resolve allegations it served as a conduit for a Teva Pharmaceutical Industries Ltd subsidiary to pay kickbacks to Medicare patients, the U.S. Justice Department said on Thursday,” reports Nate Raymond in Reuters’ U.S. Legal News.

“The settlement with Advanced Care Scripts Inc was the latest to result from an industry-wide U.S. probe of drugmakers’ financial support of patient assistance charities that has resulted in nearly $921 million in settlements.”

“Representatives for Teva and ACS did not respond to requests for comment. Teva has said it has been cooperating with the investigation since first receiving a subpoena from the U.S. Attorney’s Office in Boston in 2017.”

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