In the case of law entitled Family Medicine Pharmacy LLC V. Impax Laboratories Inc., the aforementioned company brought a suit against Impax Laboratories Inc., claiming that it had breached 1991’s Telephone Consumer Protection Act (TCPA) by sending advertisements for its EpiPen via fax to thousands of pharmacies, including the Family Medicine Co, LLC.

Impax Laboratories has agreed to pay 4.8m in a bid to finalize the Class Action suit leveled against them. The Family Medicine Co. LLC asserts that Impax Laboratories has been illegally advertising their product, an epinephrine auto-injector, since 2013. The company Mylan introduced EpiPen into the market, which is a similar product, and the Impax auto-injector is the cheaper alternative to Mylan’s product.

The Class Action suit was heard in a courtroom in Southern Alabama. The final settlement of 4.8m US dollars will be broken down into an award of US $500 for each of the faxes received by approximately 48, 150 members of the Class Action suit.

The plaintiff in the suit, Family Medicine LLC, will receive remuneration of US $20,000 for their role as Class Action representative. This Class Action suit was placed on record for the first time in January 2017. On March 2017, Impax Laboratories filed a Motion to Dismiss the Class Action Complaint that had been filed by the Family Medicine Co LLC., earlier in the year. In response to the Motion to Dismiss the Family Medicine Co LLC., filed an Amended Class Action, which is now the case that is in motion before the court. The initial Class Action suit has been dismissed completely.

However, a number of issues arise from these actions, including the question of whether the Motion to Dismiss has any validity because the document against which the Motion to Dismiss was filed no longer has any legal force. Accordingly, the Motion to Dismiss may be deemed Moot and no longer applicable.

In the case where the Defendant wishes to renew the Motion to Dismiss, this party must wholly reproduce its initial arguments prior to the date of April 25, 2017. This is because the Defendant may not refer to arguments that may have been produced in the original documents.

https://www.leagle.com/decision/infdco20170412b11

Emma Fox is apparently feeling remorseful after a chain of decisions that landed her with a case in the state Supreme Court. The 25-year-old has been charged with second-degree vehicular manslaughter, reckless driving, speeding, and two counts of driving under the influence of alcohol. The charges come after she struck and killed 21-year-old college student and lacrosse player, Robby Schartner, who was traveling on foot. According to her lawyer, the tragic event is something she regrets every day.

On the early-morning of Oct. 9, 2016, Fox left alone after drinking and partying with friends at The Pub in Rye and La Quinta Inn & Suites in Armonk. Schartner was walking toward the Manhattanville campus after visiting a string of bars on Mamaroneck Avenue and getting separated from his friends. Fox proceeded to drive her 2012 Nissan Sentra in the same direction he was heading to the school. By record of local police, she hit Schartner near the White Plains overpass.

Fox continued driving about a quarter-mile before stopping to call police. She told the officers she was looking down at directions on her GPS when she hit an unknown object. After finding Schartner’s body near the overpass, White Plains Police arrested Fox. The charges came after they confirmed her breath test showed her BAC as 0.21 percent, 0.13 over the legal limit for driving under the influence. The charges were moved from first-degree to second after conflicting breath test results. The hospital’s test results from an hour and 45 minutes later showed her BAC to only be 0.09 percent.

Now 11 months later, Fox’s case has been transferred from White Plains City Court to state Supreme Court.

According to USA Today, Hall’s attorney stated she remains devastated over the death of her son. She also filed a wrongful death civil suit last month against Emma Fox and the bars that patronized her the night of Schartner’s death.

Meanwhile, the lacrosse team remembered their teammate and took steps to make a difference with the launch of their #TeamThree campaign. The initiative against drunk driving that honors his uniform number went viral, gaining the attention of several notable influencers. Odell Beckham, wide receiver for the New York Giants and the band Aerosmith took notice and helped push the cause.

Robert Alexander, an emergency first responder to 9/11 event and a reputed New York city police officer, died of cancer-related issues last month. His death was preceded by the death of his father Raymond Alexander, a firefighter by trade, who was also working as an emergency first responder during the WTC attack. But these two are not the only ones’ who sacrificed their lives for the goods of others. There are literally stories of thousand other first responders who fought off bravely during the terrorist attack but later suffered from severe health and mental disorders.

CDC’s WTC health program, where nearly 7,000 individuals are enrolled, offers monitoring and health care services to emergency responders and volunteers. Around 6,000 of that total figure actually worked during the 9/11 attack. But government and federal authorities only came to their aid once it was established through class-action lawsuits and direct pieces of evidence from autopsies that emergency first responders and volunteers working at the site during rescue and evacuation were exposed to life-threatening carcinogens and other toxic substances.

After continuously haggling for years, the federal authorities eventually passed a law in 2010 named after a deceased NYC detective James Zadroga, who died of respiratory complications in 2006, thought to have incurred by working during and after the 9-11 event. But for the law to be reauthorized in 2015, it took extensive lobbying and great effort from all involved parties. Likewise, at the state level, it took years for affected families to receive their compensations and death benefits.

But it was not all about medical ailments, as two independent studies confirmed that witnessing the attack rendered people psychologically vulnerable, and most of them witnessing the 9-11 suffered from post traumatic stress disorder. “You never recover fully,” as stated by a military officer who worked during the attack at Pentagon, and agreed by million others – their ailments and psychological distress have forced authorities to improve several aspects of emergency responders’ resources.

September 11, 2001, was a black day in the history of US, and at the same time, a constant reminder of the sacrifices of thousands of emergency responders and volunteers. People now know what they actually had to go through to save others, and hence utmost respect is afforded to all those real life heroes from people of not the only US, but from all corners around the globe.

On October 10^th, 2013 at Blair Middle School, 11-year old Tae’Quan Smith left his class line outside of the cafeteria to use the restroom. What followed was “great force and violence” committed by school resource officer and 22 year veteran, Officer Cynthia LaVertu. This according to a $500,000 lawsuit against her actions, is where LaVertu allegedly grabbed Tae’Quan by the arm, and then forced his contact with a wall or locker. Four years later, LaVertu continues to patrol for the Police Department, according to spokeswoman Cpl. Melinda Wray, but was removed from Blair Middle School after the incident.

Jonathan DeLoatche, the Smith attorney, stated that police officers are not to enforce discipline in school unless there is a crime or imminent threat. “He was committing no crime, and there was no imminent threat to (anyone). It was goofing off in the hallway, if anything.” Tae’Quan’s mother, Tandakelia Smith, was suing LaVertu for gross negligence and battery toward her son. Smith had her son admitted to the Children’s Hospital of the King’s Daughters (CHKD), where a minimum of two doctors concluded and testified that his left forearm was broken and it was possible he may not fully recover.

LaVertu’s lawyers alleged Tae’Quan disobeyed his substitute teacher when he wouldn’t get back in line. The officer told the student that he wouldn’t be disrespecting the teacher, before taking action. As part of her counter-argument, LaVertu noted there was no evidence of a break in any of Tae’Quan’s X-rays or MRIs. Support to her testimony would have included two doctors who analyzed the X-rays concluding there was no sign of a break, and the doctor who treated Tae’Quan at CHKD who would have testified the boy had a left shoulder strain. This requiring he wear a sling for a few weeks.

However, due to his age, doctors initially treating Tae’Quan believed the arm’s growth plate was fractured and treated the arm as such.

Ultimately, Judge Michelle Atkins approved a $14,000 settlement on July 28^th. It concluded that Smith attorney DeLoatche be compensated $5,800 and $626 go toward the medical costs incurred. The remaining funds, $7,564, will be held by the Circuit Court Clerk and then distributed to Tae’Quan Smith, currently fifteen years of age, when he reaches adulthood. According to DeLoatche, Smith is currently in good health with no sign of permanent arm damage.

The law through the Americans with Disabilities Act requires all hospitals to provide adequate communication means to help those with physical impairments. However, most hospitals have not complied with this requirement.

A case in point is the current lawsuit filed against Lifespan Corp, Rhodes Island Hospital and its pediatric wing, Hasbro, by the Rhode Island Association of the Deaf. The association filed the suit on behalf of two mothers: Peggy Mehri and Kathryn Arcana.

Peggy Mehri

Peggy, widowed in May this year, has had issues with the Rhode Island Hospital for some time. Both Peggy and her husband had a hearing impairment. Her woes at the facility began with the diagnosis of her husband with lymphoma complications.

Fleeing the Hospital

On different occasions, they requested for an interpreter with little success. The suit says that at some point when Semi got hospitalized with dehydration sepsis, he was so frustrated by the poor communication that he tried to flee from the facility.

Another part of Peggy’s suit involves her son. Recently, he was admitted at Hasbro for an apparent discomfort. Again the facility failed to provide an interpreter for her. What’s worse, they did not inform her of her son’s shoulder injury or that he needed a psychiatric.

Kathryn Arcana

Kathryn is also widowed and hearing impaired. Her issues with Hasbro dates back to 2014. Her son Luke C suffers from an inherited blood disorder and sickle cell anemia. However, according to the suit, the hospital has continuously refused to provide effective ways of communicating to her the condition of her child despite taking him through numerous blood transfusions.

The culmination of her woes was the removal of Luke’s spleen without her informed consent. She became so distressed with Hasbro’s lack of initiative to help her that she fell sick, the suit adds.

Unfair wages

According to the lawsuit, the lack of interpreters at Rhodes Island Hospital is due to the facility’s unwillingness to pay fair wages to interpreters.

The President of RIAD, Todd Murano, stated that this had caused unfathomable distress and frustration to the deaf community in Rhodes Island.

Points of interest

The lawsuit demands that the US District Court finds the facility guilty of discrimination against these women. It also asks that the court orders Lifespan Corp to employ qualified interpreters as demanded by law.

Rapper and reality show star, Fetty Wap, is facing a $242,703 lawsuit filed by his former employee Shawna Morgan for alleged breach of contract and defamation. This is the second civil case that the New Jersey based rapper has had in 2 years after he was sued by a Danish artistin 2015 for using copyrighted beats in his 2015 single, “Trap Queen”.

According to the court documents, Shawna Morgan has filed a collective complaint against Fetty Wap, Fetty Wap Touring Inc., and RFG Productions Inc. Fetty Wap Touring Inc. is a corporation based in Hackensack, New Jersey responsible for running Fetty’s touring operations. RFG Production, on the other hand, is the company that is in charge of Fetty’s business operations.

Morgan complains to the court that Fetty has neither paid her for the services she provided to him during his tours nor reimbursed her for all the performance related expenses that she paid for him at the request of Fetty Touring and RFG. Morgan further claims that Fetty and the two companies that represent him have not paid her the commission that she earned during the tour. She says that they had agreed to pay her a fee of 5% or 10% of the booking fees per show as compensation for the supervisory work that she did during the shows.

Apart from her getting the compensation that they owe her for the services she rendered, she is also trying to get back the regular travel and expenses that she paid for Fetty. She asserts that she covered these expenses based on the agreement that Fetty and his corporations would reimburse her promptly and regularly.

In her lawsuit, Morgan says that Fetty Wap and the two companies have not being paying her as agreed. According to her court submission, they had not paid her reimbursements and commissions since late 2016 and early 2017. Morgan maintains that Fetty Touring owes her $176,408.79, while RFG owes her $66,294.42. In total, Morgan is trying to get a total of $242,703.21 from Fetty and his companies.

In response to Shawna Morgan’s lawsuit, rapper Fetty Wap claims that the lawsuit filed on August 28 has no grounds. According to Fetty, he fired Morgan for allegedly misrepresenting herself as upper management.

In a press release, released by Fetty on August 10, he further states that he dismissed her because she had been stealing from him and his clients. According to him, she stole more than a quarter of a million dollars.

Morgan has since then refuted these allegations and launched a defamation lawsuit against Fetty.