Judge Dismisses Wells Fargo Class-action Lawsuit

A federal judge in California dismissed a class-action lawsuit brought against Wells Fargo by its shareholders. The plaintiffs claimed they had been defrauded when they bought Wells Fargo stock from Jan 1, 2012, through Aug 3, 2016. They sued the bank for misleading its shareholders about its deteriorating loan performance — and because it halted dividend payments during that same period. The investors in question were demanding a payout of $1 billion. The judge felt there was no evidence that anyone else had purchased stock during those three years and therefore dismissed the case with prejudice.

Wells Fargo Has Been Dealing with a $185 Million Fake Account Scandal

The bank has been fighting against a class-action lawsuit, which alleges that the company’s staff opened millions of fake accounts in customers’ names without their consent or knowledge.

Wells Fargo has admitted that it created millions of fake accounts but claims it did not intend to do so. On Friday, the bank announced that it would be dismissing the case filed by a dozen customers who claimed they were victims of fraud by Wells Fargo employees.

The reason? The judge decided that because these customers signed up for online banking services, they consented to have their information shared with Wells Fargo’s internal fraud department.

Judge Said Wells Fargo Customers Would Have to Take Their Case to Arbitration

In a decision that could have wide-ranging implications for other companies, U.S. District Judge William Alsup on Tuesday dismissed a class-action lawsuit against Wells Fargo, alleging that the bank used illegal sales practices to boost its financial results.

The ruling means that customers harmed by Wells Fargo’s alleged practices will not be able to pursue their claims in court. Instead, they will have to take their case to arbitration — a process that is less costly than going through the courts and which many consumers are unaware even exists.

Bottom Line

Even though the legal battle is far from over, this dismissal is good news for Wells Fargo. It means the judge agrees with Wells Fargo’s argument that the court does not have jurisdiction to hear its claims because Wells Fargo has fallen short of the minimum number of defendants required. But even if Wells Fargo is ultimately successful, it will have to re-file its lawsuit–and in some ways, its strategy going forward may have to change.

Google Will Pay $7 Million in False Ad Clicks

Google accepts to pay its AdWord advertisers $7 million. The settlement covers the claims that Google did not commit to paying some AdWord advertisers for clicks and impressions from invalid activity.

When advertisers use Google Ads, every click from a client means they get many conversions or profits for their businesses. Unfortunately, sometimes Google doesn’t give them the proper compensation; hence, they charge them for the ads.

However, Google agreed to pay the settlement, but it has not accepted any wrongdoing on the issue.

Class Members Eligible for The Settlement

The beneficiaries will be advertisers who have operated AdWords accounts between 12/13/2013 to 4/28/2022. The accounts should not be subject to arbitration clause terms and must have been billed for clicks and ads.

AdWords advertisers argue that when Google found out there were invalid activities, they could have given out a refund. Failure to do that means there was a violation of advertisement terms by Google. California False Advertising Law supports this argument.

How the Refund Will Be Shared

According to Google, every payment will represent a specified percentage of the net settlement fund. That will be determined by how much each class member spent on Googe AdWords advertisements and has appeared on any publisher’s website of the DoubleClick Ad Exchange.

They can collect their refund as cash though it should be above $1. However, the class members with amounts below $1 will not get any refund. Notably, when Google refunds all the affected, the remainder will be given as a donation to Public Justice.

When is the Deadline?

Google announced that the deadline for exclusion is on 20/8/2022, and the final settlement hearing is on 27/10/2022. The class members are required to submit their claims by 30/8/2022.

Are there Any Potential Reward?

Google will discuss that, but so far, there is none.

How Do You Claim?

Class members who qualify should use a claim form found on the settlement website. Those who don’t qualify are advised to avoid filling out the form because it is illegal. It will also affect other class members because it is false. If members wish to know whether they are eligible, they can go through the Settlement Administrators Website and get the answers from FAQ.

Settlement of EEOC Sexual Harassment Lawsuit Cost Hotel Owners $370,000

Federal officials claim that a hotel manager in Washington abused two female housekeepers sexually. Hotel owners neglected to look into the manager who harassed Latina housekeepers.

The U.S. Equal Employment Opportunity Commission (EEOC) today announced that GIPHX10, LLC, and Jaffer, Inc., Edmonton, Canada-based firm, will pay $370,000 to those who sexually abused two female former housekeeping employees. The company has also agreed to provide other relief to settle a sexual harassment lawsuit.

The proprietors of the hotel allegedly allowed the male housekeeping manager to harass those housekeepers sexually. The EEOC claimed that the harassment included touching the women while they were cleaning hotel rooms by themselves, making fun of them for protesting the assaults, and making sexually suggestive remarks to them.

The manager also repeatedly threatened to rape one employee. One woman left her job due to her concern for her safety.

After one of the housekeepers and a bilingual co-worker complained about the harassment to the general manager, GIPHX10, LLC, and Jaffer, Inc. chose not to look into the claims in-depth. Instead, the owners turned a blind eye and accepted the manager’s denial. The general manager allegedly subsequently took revenge, according to the EEOC.

The claimed behavior breaks the Civil Rights Act of 1964’s Title VII. As a result, both employees entered into the EEOC lawsuit, added new state law allegations, and on June 3, 2021, the court added Jaffer, Inc. as a necessary party.

The two employees will receive $370,000 from GIPHX10, LLC and Jaffer, Inc. as part of the three-year consent order that ends the lawsuit. The company has also been asked to keep a consultant to create policies that help in preventing sexual harassment like this one.

According to the EEOC’s Select Task Force on the Study of Harassment in the Workplace, workplace harassment increases when there is an enormous power difference and employees have limited English language proficiency. EEOC San Francisco District Director Nancy Sienko also said employers must inform employees about harassment policies in a language they can comprehend.

EEOC Senior Trial Attorney Carmen makes it clear that the Commission’s top priority continues to be protecting vulnerable workers and preventing and resolving workplace harassment.

New Apple Watch Patent Lawsuit Could Put Your Favorite Watch Out of Reach, Out of Style

Just when you thought Apple Watch was the hit of the year, it seems your favorite wearable may not be as high-tech as once thought. A new lawsuit was filed against American electronics giant Apple and its smartwatch device, alleging it has infringed on a patent held by Fort Wayne-based tech company Fossil Group. The suit claims that Fossil’s smartwatches have copied a design for a wristwatch presented by Apple nearly 20 years ago.

If you have an Apple Watch, there’s a good chance that you’re about to lose access to some features because of this lawsuit.

What are Patent Lawsuits?

Patent lawsuits are disputes between patent owners and alleged infringers who argue that their products or services infringe upon the patent owner’s intellectual property rights.

A patent holder may file a patent lawsuit against an alleged infringer. The defendant can be a manufacturer, distributor, retailer, or service provider. The plaintiff in the case may also seek injunctions against infringing activities under the law.

2 Things You Should Know About the Patent Lawsuit on Apple Watches

Here are two things you need to know about the patent lawsuit against apple:

It’s not the first Time Apple’s Been Sued for Infringement

Apple Watch is not the first Time Apple’s been sued for Infringement.

Nokia sued the company in the U.S., Japan, and Germany over patent infringement in 2011. The lawsuit was settled out of court, with Nokia agreeing to pay Apple $1 billion (U.S.).

In 2012, Apple settled a patent dispute with Samsung over smartphone technology that allowed users to quickly scroll through phone lists and contacts without having to tap on each item individually.

The Lawsuit Could Cost Apple up to $100 million.

According to court documents, Apple’s lawsuit against Fossil Inc. could cost the company up to $100 million.

The technology giant accused Fossil of violating patents related to the design and functionality of its Apple Watch, arguing that it had been selling watches with similar features for years before Apple launched its smartwatch.

Bottom Line

Considering the popularity of Apple and Apple Watch products, it is likely that many companies have submitted patent applications related to developing smartwatches. Apart from a few details regarding the case, we will have to wait until  the case starts.

Woman accused of homicide for a toddler’s death in Bellingham, WA.

Jurors declared to continue the probing of Kamie Dixon in the unusual toddler homicide that occurred at Bellingham, WA. The Whatcom County judge made the decision on Tuesday as a verdict. But later, it was again declared to the evictor that both had to agree on two accounts. As a result, she was charged with second degree murder. Dixon is accused of the homicide of Hazel Homan, the three-year-old daughter of her boyfriend.

As per the reports, she was found guilty of the murder and sentenced on July 14. Dixon was given a twenty-year imprisonment. At the initial stages of the trial, the report stated that Homan had a brain injury, and medically it was termed Shaken Baby Syndrome in November, 2019. The criminal testimony went on for three months with the prosecutor. The prosecutor claimed that Homan had to suffer repeatedly at the hands of Dixon.

However, the defense claimed that the death of Homan happened due to choking while she was having a breakfast sandwich. Dixon also claimed that Homan had testified of a locked jaw, necessary for chewing food. She was prescribed CPR. A video was presented in the court at the trial as a closing argument. In that video, the doctor recorded inside the throat of the child. But Doug Hyldahl, the attorney, said it is more of a scrambled egg, addressing the jury. However, the defense opposed stating that choking leads to brain injury and ultimately results in death, which happened in November 2019. Thus, Dixon is not an abuse of murder charge.

But the prosecution found out that Hazel had to undergo repeated physical torture from Dixon before the final encounter of death happened. During the trial, many of Homan’s injuries were reported to the court. The injury included a burnt hand and an infected eye; thus, the prosecution kept the argument that Dixon did it. But the defense claimed that it was due to vitamin D deficiency, which led to fracture and injury. Both kept conflicting and argumative statements. After many trials of both prosecutors and the defense, the jury still holds that Dixon should be charged with Homan’s death.

Four Common Personal Injuries And What Action To Take Afterward

We go about our daily lives never thinking about what could happen to us. We never think that we could be in a car accident or fall and hurt ourselves. Unfortunately, these things happen every day, and it’s important to know what action to take should they occur. Here are some typical personal injuries and what to do if you receive one.

Auto Accidents

Did you know that more than three million people are injured every year in auto accidents? Of course, no one expects to be in an accident, but there are several things you should do if it happens. First, always seek medical attention immediately, even if you don’t think you’re injured. It’s better to be safe than sorry, and many injuries don’t show themselves until hours or even days after the accident. Call a personal injury attorney immediately. They can help you navigate the often-confusing legal process and get the compensation you deserve.

Slip And Fall Accidents

These types of injuries are also very common. In 2020 alone, there were more than 200,000 ER visits due to slip and fall accidents. If you should find yourself in this situation, it’s important to get medical attention right away and take pictures. This can help you prove your case should you decide to take legal action. You should also save any receipts for medical treatment and lost wages, as these can be used as evidence.

Workplace Injuries

Having an injury in the workplace is common, especially if you have repetitive movements like typing or lifting. If you do find yourself injured at work, you should report it to your employer right away. They should then file a workers’ compensation claim on your behalf. You’ll likely have to see a doctor that is approved by your employer’s insurance company, but they will be responsible for paying your medical bills.

Dog Bites

You probably don’t relate dog bites to home insurance claims, but they actually fall under personal injuries. Has someone you know been bitten by a dog? It’s important to seek medical attention and then contact an attorney to navigate help with future medical bills you incur.

Importance Of Legal Protection

It is possible that you could get injured, and it’s not your fault. This is where legal protection comes in. A personal injury attorney is a professional that can help file a claim and get the money you deserve. Without legal protection, you may not be able to get the full compensation you need to cover your medical bills and other expenses.

Developments from Amazon’s Decision to Terminate Free Whole Foods Delivery from Prime

Did you know Amazon recently terminated the free Whole Foods Delivery services on prime in September? Amazon acquired Whole Foods in 2017 and, in 2018, introduced a free two-hour delivery service for orders over $ 35 for Prime subscribers.

Analysts then embraced these moves since they saw them as an opportunity for Amazon to thrive amid competition. The recent activity to terminate the service and add a $99 .95 service fee was met by a pair of class-action lawsuits demanding refunds for thousands of subscribers.

An Overview of the Class Action Suits Filed Against Amazon One

The first suit was in May, while the second one was in June. As you will find out, both class action suits shed light on the fact that customers felt duped. Read on.

1. May Class-Action Suit

It was filed in a Washington court. The main allegations in this class suit are that.

  • Amazon engages in unfair business practices.
  • Amazon neither reduced the subscription cost nor refunded their customers after terminating the service.
  • Customers did not receive their membership bargain.

2. June Class Action Suit

The second suit happened in Washington, still in the same court where the accusation is that:

  • Amazon misinformed its customers.
  • The company wasn’t clear about their “Free Delivery” and “Free 2-Hour Grocery Delivery” Services.
  • The entity concealed certain product fees only to reveal them in the last stages of the purchase process, which allegedly misled customers (drip ricing).

In this second suit, the issue is that Amazon does not reveal a $9.95 service fee, surprising unsuspecting customers when it’s time to pay.

After introducing the free Whole Foods delivery service, the prices for an annual Amazon subscription increased from $99 to $119. Later, Amazon revealed a $9.95 service fee, which caused an uproar.

Customers allege that the $119 Prime subscription fee included the service fee. Amazon recently increased the subscription fee from 119 to $139, affecting current Prime subscribers and the second class-action suit.

Through all this, Amazon has remained quiet regarding the suit. Other entities might have to look at how they serve their customers after referring to these accusations. Also, it is an opportunity for customers to stay vigilant of the services they pay for.

Motorcycle Insurance Coverage – Don’t Ask Why, Ask How Much is Enough

Like cars and trucks, motorcycles travel on public roads. As a result, they fall in the same category of required insurance coverage, regardless of the size of the motorcycle and how fast it might go. That insurance can range from a bare minimum to a full comprehensive package. At a minimum, every state requires a motorcycle to be insured with a basic minimum coverage to protect other drivers on the road in terms of liability. The amount of that coverage varies from state to state, but it basically provides two categories of protection: medical cost coverage and property recovery.

Risk Comparisons With Reality

Interestingly, motorcycles have lower costs for insurance but have a higher rate of accident frequency and, in serious cases, fatalities. Many of the accident statistics are due to the fact that motorcycles have no protection to speak of in an impact, so the rider is fully exposed to harm. Secondly, other drivers generally don’t see motorcycles on the roads with them; numerous accidents involve car drivers who never saw the motorcycle, even when it was in their direct sight – they are simply too small to notice consistently.

Choosing the Right Coverage as a Rider

The bottom line, however, is that the insurance plan a rider chooses can really impact the outcome of an accident. Clearly, minimum coverage plans meet basic requirements in a given state, but they do very little to help recovery. At the other end of the spectrum, comprehensive plans cover far more than just the road. For example, if the motorcycle gets stolen or damaged while parked, a full plan will help get a rider back on the road. The big component that matters, however, is personal injury protection, or PIP. This is the coverage element that helps a rider get back up on his or her feet after an injury the most. With minimal or no medical coverage, a rider is really taking a chance on the road. Because of the typical severity of motorcycle accidents, it’s rare for a rider to come out of an impact unscathed.

There’s no question that the more coverage that is included in a plan, the better off a rider will be. That said, most folks are on a budget and don’t want to overpay for a risk that never happens. Ideally, comprehensive is best, but it’s also possible to work up to a better plan over time. However, riders should never go without coverage at all. There’s simply too many chances of being hit or making a mistake on a motorcycle and it turns into something serious every day. Coverage isn’t a question of whether to have it or not; it’s a metric of how much can be applied.

New Washington Law Initiates Job Posting Requirements

Beginning January 1, 2023, employers in Washington with 15 or more employees will be required to disclose the wage scale, salary range, and a general description of benefits and compensation offered when posting job openings. This new law was signed on March 30, 2022, and is a revision of a 2019 amendment to the Washington Equal Pay and Opportunities Act which required employers to disclose the wage scale and salary range only if requested by an applicant. The applicant’s request is no longer needed under the new law. The information is automatically provided as part of the application process.

The 2019 amendment is not changed by the new law when transfers and promotions of current employees are transacted. The employer only provides the required compensation information when the current employee makes the request. A portion of the 2019 amendment was removed by the legislature that stated that if there was no wage scale or salary range, the employer is only required to give a minimum wage or salary expectation before posting the position or making the internal transfer or promotion.

Creating job postings is not what the new law requires employers to do. The posting obligations are imposed on those that the employer chooses to create. Posting, according to the law, is defined as “any solicitation intended to recruit job applicants for a specific available position…” This is either through the employer or a third party, whether electronic or hard copy. Based on the definition of posting, a Help Wanted sign will not trigger a posting requirement. The law does not make it clear whether employers will be liable for any noncompliance by third-party posting boards. This includes third-party internet search engines.

New positions or promotions that will trigger the posting obligations are not defined by the law. If an aggressive approach is followed by Washington, a new position can be created by changing an employee’s job title. Employers who are considering reorganization or restructuring can avoid uncertainties by implementing these changes before January 1, 2023. General descriptions are required by the new law that includes benefits and compensation. Violation of the new law may result in the same consequences as any other violation of the Washington Equal Pay and Opportunities Act.

Why Attorneys Can Help With Car Accident Claims

Nobody likes being involved in a car accident, but unfortunately, they do happen. However, knowing what to do afterward can save you a lot of headaches, and having an attorney can help.

Most people are aware that they should exchange insurance information with the other driver after an accident, but what many people don’t realize is that this is just the beginning. If you’ve been injured in the accident, you will likely have to deal with insurance adjusters who will try to minimize the amount of money that you receive for your injuries.

Additionally, if the other driver was at fault, their insurance company may try to place some of the blame on you in order to avoid paying out a large settlement. An experienced car accident attorney can help you deal with all of this. With more than three million injuries every year from car-related crashes, it’s important to have this information at-hand.

Auto Accident Attorneys Have The Right Knowledge

The last thing you want is to be held accountable for something you didn’t do or to receive less money than you deserve because the insurance company took advantage of you. Additionally, if your case does go to court, having an attorney by your side who knows the ins and outs of personal injury is always in your best interests. If you are due for monetary compensation, they can help you get it.

More Payout For Damages

These individuals can help you understand all the elements of your case that you may make a claim for should it go to court, as well as any settlements you may negotiate.

For example, you may be able to include the following in your claim:

  • Lost wages from time taken off work
  • Property damage
  • Medical bills
  • Emotional trauma

Every case is different, but having someone who has training and experience in the legal system by your side can help ensure that you are fairly compensated for car damage and personal injuries. Trying to get an insurance payout on your own or even being successful in a trial without an attorney is possible, but is certainly more difficult. If you have involvement in a car accident, the best thing to do is seek legal counsel as soon as possible.