Staff, Author at Legal Reader

2nd Circuit Reinstates EEOC Gender Bias Suit vs. Parent Company of Jared, Kay Jewelers

September 13, 2015

The lawsuit’s reinstatement follows the April Supreme Court decision regarding Mach Mining v. EEOC, in which the Court ruled that judges could only review the details of the EEOC’s claims “on a limited basis.” The 2nd Circuit elaborated on April’s ruling, with Judge John Walker writing in the panel’s opinion that “Under Title VII, courts may review whether the EEOC conducted an investigation, but not the sufficiency of an investigation.” Judge Walker also explained the court’s rationale for such limitations, writing “Extensive judicial review of this sort would expend scarce resources and would delay and divert EEOC enforcement actions from … eliminating discrimination in the workplace.”

California Legislators Agree on Medical Marijuana Regulatory Framework

September 12, 2015

The bill also comes as residents will likely vote on legalizing marijuana for recreational use next year. As the current medical marijuana industry is regulated through a patchwork of city and local ordinances, Brown and other legislators have been trying to mitigate the concerns of industry lobbyists, law enforcement, local administrators, and opposition lawmakers in advance of the likely 2016 ballot measure.

Federal Regulators Abandon Cancer Study of Nuclear Plants

September 11, 2015

NAS began the study in 2010, and completed the first phase in 2012. The next phase had been underway for about three years when it was halted. The study was to have been an update to a 1990 review conducted by the National Cancer Institute, which analyzed cancer death rates in areas near 52 nuclear plants. That study concluded that there was no increased risk of cancer for people living close to the nuclear facilities.

The Pork Rind Factory Recalls over 18,000 Lbs. of Pork due to Allergen Mislabeling

September 11, 2015

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced on Thursday that the recall is due to the products containing milk and soy, which are possible allergens, without providing that information on the product label.

XPO Logistics to Buy Con-Way for $3 Billion

September 10, 2015

Although the acquisition had been expected to easily pass a Federal Trade Commission (FTC) antitrust regulatory review, Morningstar has reported that New York-based firm Faruqi & Faruqi is investigating Con-Way’s board over alleged violation of fiduciary duties for selling the company at the $47.60 share price, that number is down from the stock’s 52-week high of $59.00. It remains to be seen if the inquiry will halt the deal’s approval. XPO expects the purchase to be completed by October.

FDA Issues Dosing Warning for Collegium’s Experimental Painkiller

September 10, 2015

Unlike most opioid painkillers, which are either taken on an empty stomach or without regard for food intake, users must take Xtampza after eating to release the maximum effects. The FDA warned that if Xtampza is taken without food, it will lead to inadequate pain control, and contribute to abuse and overdose by users who are seeking to remedy their pain.

New Justice Department Corporate Crime Policies Place Crosshairs on Individuals

September 10, 2015

Although the Justice Department, along with New York’s U.S. Attorney’s office, have extracted record fines from companies that committed fraud in recent years, many have noted that the department has not prosecuted a single executive from the investment banks responsible for the housing and banking crisis.

Staples-Office Depot Merger under Further Review

September 9, 2015

The combined company would merely be a major competitor in the entire office-supply business. Still, the FTC is concerned that by combining the companies, the number of potential large-scale suppliers will decrease. The agency is concerned if the merger will lead to negative changes in the large-scale client sector. Royal Bank of Canada’s head of global procurement Peter Conrod likely summarizes the FTC’s internal debate with his divided opinion. Conrod told the Wall Street Journal, “Typically consolidation is good because it allows us to deal with fewer suppliers, but you get to a point where it’s too consolidated and you don’t have too much choice.”

Appeals Court Gives Go-Ahead on BP Investor Suit

September 9, 2015

Last year, Judge Ellison permitted the certification of a class of investors who purchased BP stocks from April 26 to May 28, 2010. Ellison, however, ruled that investors who purchased BP securities in the 2 ½-year period before the spill were not permitted to sue as a class. Disappointed, both BP and the plaintiffs’ attorneys appealed the rulings. Writing for the unanimous panel, Circuit Judge Patrick Higginbotham found that the question of BP executives’ forthrightness during the early days of the spill was “undeniably common to the class, and is susceptible of a class-wide answer.”

Erin Brockovich Fights against Pollution for Navajo Nation

September 9, 2015

Brockovich and Begaye toured the riverfront and some of the hardest hit agricultural areas, culminating with a speech to students at a Shiprock, New Mexico highs school. Insisting that the government clean up its mess, Brockovich said “They did not tell the truth about the amount. There were millions and millions of gallons.” Brockovich accused federal regulators of lax oversight, both in the Navajo Nation, and throughout the U.S.

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