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Manufacturer of Abortion Pharmaceuticals Drops Mississippi Case

Posted by David Brown 
· November 17, 2022 

When Roe v Wade was overturned in June, it became the responsibility of each state government to determine the legality of abortion within their jurisdiction. Some states, predominantly conservative southern states, immediately passed laws banning abortion. Other states, such as Mississippi, already had laws in place that would ban abortion if Roe v. Wade was overturned. These laws were widely known as “trigger” laws. Mississippi already had fairly restrictive laws regarding abortion, and its laws were facing many legal challenges. However, many of these cases have been dropped after the Supreme Court’s recent decision regarding the legality of abortion. Now it’s up to each state to determine its abortion laws.

GenBioPro manufactures one of two drugs used for medication-based abortions

Medication-based abortions have been common for many years. This type of abortion is often the method of choice when the pregnancy is less than 10 weeks old. It is known for being a very safe method of abortion, with a maternal fatality rate far lower than that of childbirth. Mifepristone is often used with misoprostol for this purpose. GenBioPro is one of the biggest manufacturers of mifepristone. They had already filed suit against Mississippi in 2020 regarding the laws in the state restricting medication-based abortions. However, it seems they’ll be taking their fight elsewhere.

They dropped their case in the wake of Roe v. Wade

GenBioPro’s case was being heard in the 5th US Circuit Court of Appeals. However, they have now dropped their case in the wake of the Roe v. Wade decision. This is because they may not have the legal justification for the case they had before. Mississippi now has more freedom in creating abortion laws that do not have to conform to federal regulations. Also, this court is known for being one of the most conservative in the country.

GenBioPro likely felt they did not have much chance to win the case now. However, GenBioPro’s case may be refiled in another court. It would probably be refiled in a court that is known for being more progressive. Otherwise, another pharmaceutical manufacturer could file a similar case in a different Court.

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$7 Million Class Action Settlement for Google Adwords Invalid Activity

Posted by David Brown 
· November 15, 2022 

Google agreed to pay $7 million to settle charges that it did not reimburse or credit its AdWords advertisers for fraudulent conduct/invalid activity. The 7$ million class action settlement helps Google AdWords advertisers who were charged for clicks on ads displayed on DoubleClick Ad Exchange websites. Between the timeline December 13, 2013, to April 28, 2022, whose accounts were not subject to an arbitration clause in their terms.

Businesses can advertise on Google search results using Google Ads (Google Adwords). These advertisements show up in pertinent searches and bring in customers for businesses.

Although these adverts can be helpful for companies trying to draw in clients, Google may not adequately reward advertisers. For example, according to a Google AdWords class-action lawsuit, Google refused some advertisers’ refunds or credits for clicks or impressions resulting from “invalid activity” or a breach of Google standards.

Plaintiffs contend that Google should have provided a refund or credit when clicks or impressions were discovered to result from fraudulent sources. In addition, the rules of Google’s advertising, the California False Advertising Law, and the California Unfair Competition Law were allegedly broken by failing to comply.

Despite refusing to acknowledge wrongdoing, Google consented to settle this class action lawsuit for $7 million. In addition, class members will receive a cash award under the terms of the Google AdWords settlement.

According to the money that class members have spent (on Google AdWords advertisements) on any of the DoubleClick Ad Exchange publisher site, each payment will represent a proportionate share of the net settlement fund. At this moment, there are no payment projections available. But the settlement excludes any payment from class members with less than a $1 proportional share of the settlement fund.

Now the question arises of who qualifies for the settlement? The settlement helps Google AdWords advertisers who were charged for clicks or impressions on ads that appear on DoubleClick Ad Exchange websites. The timeline for that is between December 13, 2013, to April 28, 2022, but whose accounts were not subject to an arbitration clause in their terms. Class members must submit a valid claim form by August 30, 2022, to be eligible for a payout from the Google AdWords settlement.

After settlement payments have been distributed, any extra money will be given to the non-profit advocacy organization Public Justice. The deadline date is August 20, 2022. The settlement’s final approval hearing is slated for October 27, 2022.

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Wrongful Life Case Award Can Go Ahead, Rules Washington Supreme Court

Posted by David Brown 
· November 10, 2022 

Awarding extraordinary damages is appropriate and may go ahead for a “wrongful life” case in which a child was born with severe disabilities after her mother was accidentally given a flu shot instead of a birth control injection. The Washington Supreme Court’s decision was unanimous.

The case in question concerns a woman who went for a routine Depo-Provera injection for birth control but was given a flu shot by mistake by an assistant who had been giving flu shots to other patients. The clinic did not let the woman know about the incorrect shot until a few weeks later, at which point she was pregnant, and she gave birth to a girl with epilepsy, vision impairment, and cognitive delays, among other conditions. The girl, now 10, requires major care that her parents have not been able to afford. The damages topped $10 million, and the Justice Department was ordered to pay because the clinic in question was a federally funded organization for low-income patients.

The Justice Department argued to the 9th Circuit Court that the woman was not actively trying to avoid having a child with severe disabilities and that, other than costs associated with the pregnancy itself, this was not the responsibility of the Justice Department. However, the 9th Circuit Court asked for clarification from the Washington Supreme Court, who unanimously agreed that because congenital birth defects are known to happen, then the risk of the child having congenital disabilities was forseeable.

One other task the Washington Supreme Court took care of at the same time was to change older language that had implied people with congenital defects were somehow not “normal” people.

The decision hasn’t actually been affirmed yet, but the family’s lawyer claimed the decision effectively ended the case. The parents work as a janitor and a fast-food worker, and the case has made it extremely difficult for them to give their daughter proper care. Of the $10 million, $7.5 million are marked for care and education while $2.5 million is marked for damages to the parents.

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Challenging Free Speech in the 21st Century

Posted by David Brown 
· November 8, 2022 

Despite years of political, civil, and technological advances across the globe, the 21st century has ushered in a dangerous and alarming era in which one’s fundamental right to free speech is being challenged.

In Washington state, Professor Stuart Reges is embroiled in a free speech conflict with his employer, the University of Washington (UW). The ongoing clash is over Professor Reges’ course syllabus, which included a land acknowledgment statement referencing his view of the original owner of the land upon which the university currently sits.

The University of Washington encourages its faculty to write land acknowledgments on their course syllabi and even provides an example from which professors may use as a basis. Like his computer science colleagues, Professor Reges wrote a land acknowledgment statement based on the example provided by the school.

Professor Reges’ modified land acknowledgment statement was singled out by the Computer Science Department’s director, who called the message offensive and inappropriate. In fact, according to the director, the mere existence of this revised statement created a toxic environment.

When Reges refused to comply with the director’s request, UW started an investigation. Then the school created a shadow course to compete with Professor Reges, so students could avoid “being forced” to take a specific class from a professor who disagreed with the administration-approved language. Ironically, the issue in question was irrelevant to the contents and objectives of the computer science class as well as the professor’s skill and reputation.

With a higher education motto of Let there be light, the University of Washington’s actions are beyond hypocritical as they infringe upon Professor Reges freedom of speech and expression. While the school has every right to suggest examples for faculty to use, they cannot mandate the faculty to use the university-sanctioned statements; or stay silent for fear of retribution for having differing opinions from the university’s party-line statement.

In the wake of this unfortunate event, Professor Reges has enlisted the help of the Foundation for Individual Rights and Expression – FIRE. Together they intend to hold the university accountable for its actions which violate the protections iof Americans’ freedom of speech and expression.

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NFL Faces Meta Data-Sharing Lawsuit

Posted by David Brown 
· November 3, 2022 

An NFL.com subscriber has sued the football league for sharing his data with Meta, the parent company of Facebook. According to Illinois resident Israel James, the plaintiff in the case, NFL.com gathers user information using pixels and then shares the user data with Meta, even if the user has not consented to sharing data.

The NFL is one of several companies to face lawsuits for sharing data with Meta. Others include Warner Brothers, Discovery Inc., Huffington Post, and Bloomberg. Meta has been sued by regulators multiple times over the past decade for privacy and data-sharing issues.

Israel’s lawsuit seeks to represent hundreds of thousands of additional users in a class-action suit. In his suit, he says that NFL.com has a pixel embedded on its website. The pixel allegedly tracks when users enter the NFL.com app or its partner website and when they view videos. The complaint also says that NFL.com shares with Facebook what videos users have watched and even the user’s Facebook ID.

James said, “This occurs even when the digital subscriber has not shared (nor consented to share) such information.”

The suit was filed in Chicago federal court. James is seeking $2,500 in damages for himself and for each additional plaintiff added to the lawsuit. It goes on to claim that the NFL is violating the Video Privacy Protection Act, which bans companies from sharing subscriber data without first obtaining consent.

“Without telling its digital subscribers, defendant profits handsomely from its unauthorized disclosure of its digital subscribers’ Personal Viewing Information to Facebook,” James said in the complaint. “It does so at the expense of its digital subscribers’ privacy.”

Meta owns Facebook, Instagram, and a wide range of other social apps and technology companies. Facebook is the largest social media platform in the world with nearly 2 billion daily users.

NFL.com is the official website and app of the National Football League. Subscribers can use the website to stream games, watch highlights, and view assorted football content. Millions of football fans use the website and app each day to follow the league and their favorite teams.

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Tesla Faces Class Action Lawsuit

Posted by David Brown 
· November 1, 2022 

Disappointed drivers who paid extra to purchase Enhanced Autopilot for their Tesla vehicles say they’ve been misled.  According to the complaint, Tesla allegedly represented its technology as making the car fully self-driving in some situations and on the way to fully self-driving in all situations.  Still, say the plaintiffs, four years have passed, and Tesla has come nowhere near providing the self-driving car it promised.

Filed on September 14 in the federal district court for the Northern District of California, Matsko v. Tesla alleges that Tesla violated the Magnuson-Moss Warranty Act (15 USC Sec. 2301) and specific false advertising laws.  Elon Musk, involved in some relatively well-known disputes with Facebook, is not personally named in the suit.

The complaint alleges that other automakers have surpassed Tesla in delivering fully automated vehicles. Further, this failure to keep up with other manufacturers has made the Tesla vehicles less than they were represented as when advertised and sold. Moreover, plaintiffs allege that Tesla has used misleading and deceptive videos purporting to show a fully self-driving Tesla vehicle.  According to plaintiffs, this is a clear instance of false and deceptive advertising. Instead of producing the promised self-driving software, say the plaintiffs, Tesla simply rolls out new beta software to a few individuals and never provides fully operative self-driving cars to those who were promised them.

Plaintiffs further allege that from various sources, including former employees, they have learned that Tesla has known for years that its self-driving vehicle claims are deceptive and misleading.  Further, Tesla’s precise predictions about its self-driving vehicles have repeatedly failed to meet expectations.  Further, plaintiffs note, the California Department of Motor Vehicles has charged Texla with making untrue, misleading, and deceptive marketing.

In the class action, the class is defined as all US persons who have purchased or leased a new Tesla vehicle with Autopilot, Enhanced Autopilot, or Full Self-Driving Capability.  The class seeks relief for the failure of Tesla to live up to its warranties under Magnuson Moss. as well as various other warranties.  In need, plaintiffs seek injunctive release prohibiting Tesla from making the claims, an award of all damages, including punitive damages, restitution and disgorgement, and reasonable attorneys’ fees.  This could cost Tesla some serious money.

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Marketing Probe: E-cigarette Company JUUL to Pay Nearly $439 Million in Settlements

Posted by David Brown 
· October 27, 2022 

In a major move to settle allegations of marketing violations, electronic cigarette company JUUL has agreed to pay nearly $439 million. The deal, which comes after a two-year investigation by more than 30 states, was announced by General William Tong, Connecticut Attorney General, who launched the probe with Puerto Rico in 2020.

The Federal Trade Commission (FTC) requires JUUL to halt all advertising aimed at minors and to make significant changes in how it markets its products. This is just the latest development in the ongoing controversy over e-cigarettes and their health risks.

General William Tong, Connecticut Attorney General, announced the deal, which JUUL will pay in six to ten years. Since its launch in 2015, JUUL has grown into a multibillion-dollar company with over 75% of the e-cigarette market share. Students’ use of e-cigarettes has increased dramatically over the years, causing public health officials to raise alarms. The FDA has called youth vaping an “epidemic.”

JUUL began its retreat in July 2019 when it stopped selling most of its flavored products in stores. The company also suspended all broadcast, print, and digital product advertising in the U.S. The company has said its mission is to “improve the lives of adult smokers by providing them with a true alternative to combustible cigarettes.”

Public schools in Polk County, Florida, are suing JUUL Labs, claiming the company’s marketing practices deliberately targeted children and led to a “vaping crisis” in schools. The lawsuit seeks unspecified damages and a ban on JUUL’s marketing in the county. Florida Health officials have reported that almost 22% of high school students in the state use e-cigarettes.

Several school board members and the Polk County Public Schools Superintendent said they were “pleased” with the lawsuit. The lawsuit accuses JUUL of using misleading marketing practices and violating Florida’s Deceptive and Unfair Trade Practices Act.

The lawsuit alleges that JUUL’s “aggressive and pervasive” marketing campaign led to a high addiction rate among young people and created a new generation of nicotine users. The first case in the lawsuit is set for trial in November 2022. It will be interesting to see how this case plays out and if more states decide to sue JUUL.

In recent years, lawsuits have become a common way for state and local governments to pressure companies to change their marketing practices. In 2020, the state of Massachusetts sued JUUL, alleging the company used deceptive marketing practices to target minors.

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Discriminatory Hiring Policy Implodes Seattle Pacific University

Posted by David Brown 
· October 25, 2022 

Seattle Pacific University (SPU) currently struggles with reduced student enrollment, and a projected $10 million deficit as six current and former trustees face a lawsuit.

Sixteen students, facility, and staff filed the lawsuit based on breach of fiduciary duty and other allegations. It names interim SPU president Pete Menjares and six current and former trustees as defendants. The plaintiffs seek a new president and board for the university.

The allegations arise from SPU’s discriminatory hiring practices, which prohibit hiring people in same-sex relationships. SPU claims removing the policy will disaffiliate them from the Free Methodist Church

A former board of trustees chair, Cedric Davis, confirms the projected deficit and reduced enrollment but claims fewer young people attend college. Davis resigned from the SPU board in May 2021, claiming he couldn’t stand by the hiring policy.

Last fall, SPU enrolled 3,400 students, which is a decrease from 4,175 in Fall 2015.

The attorney general’s office is also investigating SPU for alleged illegal discimrination. SPU filed counter-claims claiming religious discrimination.

The SPU dispute is part of a growing trend against religious schools nationwide. However, SPU is unique in its campuswide resistance to the hiring policy. Twenty-four percent of students, facility, and staff identify as LGBTQ+, and 80% of faculty believe SPU should reverse its hiring policy.

Plaintiffs fear a hostile environment for LGBTQ+ students and staff if the policy continues. Even with supportive coworkers and students, many feel the hiring policy places them in a bad light.

One of the plaintiffs, Kristi Holt, came out as gay last year. She works as a lab coordinator and adjunct professor in the chemistry department. Holt sees her involvement as a religious freedom issue:

“I’m simply afraid that the way that the defendants are choosing to enforce their sectarian beliefs on an entire campus of dissenters is no longer religious freedom. It’s just oppression.”

Holt also picks up on mixed messages of support but also judgment. “On a personal note,” she said, “It’s really tough for me to come to work each day with people who love and support me but within the context of an institution that continues to tell me that I don’t belong.”

The university will not comment on the lawsuit at this time. However, it announced cost control efforts, including reducing faculty by 25%.

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Washington Counties Must Step up if They Want Funds to Combat Opioids

Posted by David Brown 
· October 20, 2022 

The Washington State Attorney General and a Skagit County Commissioner have written an editorial in which they state that Washington has the opportunity to finally do something about the opioid crisis – but all the counties in the state need to sign on to the agreement if they want all the funds they were supposed to get.

Washington State Attorney General Bob Ferguson and Skagit County Commissioner Lisa Janicki wrote the editorial for the Seattle Times, stating that the state might not receive the full amount of funds promised from a settlement that resulted from a lawsuit against the Big Three opioid distributors by Ferguson’s office. They note that to get all of the money, all Washington counties and every city with a population over 10,000 people have to agree to the settlement by September 23. If they do, then the state will receive hundreds of millions of dollars starting in December.

Ferguson and Janicki say that the funds will be used for more treatment, as well as more support for both those affected by the opioid epidemic and for the first responders who have to handle things like overdose cases. The money can also go toward developing new programs and developing ways to prevent youth from trying opioids. Ferguson and Janicki are quick to point out this includes combating fentanyl and the problems it’s been causing in the state.

Back in November 2021, Ferguson’s office decided to reject a national settlement offered by three opioid manufacturers and instead take the three to court. This resulted in a resolution-in-principle that gives the state not only part of the settlement but also an additional $46 million. Ferguson’s office tried a similar tactic regarding a bankruptcy plan from Purdue and also got more money for the state to use toward tackling the opioid epidemic.

In the editorial, Ferguson and Janicki acknowledge that money won’t bring back the lives lost to opioids, including that of Janicki’s own son. But the money can help prevent more lives from being lost. Washington counties and cities are urged to sign on to the resolution by the deadline.

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