Decided - The FindLaw Noteworthy Decisions and Settlements Blog

April 2016 Archives

NY Trump University Fraud Case Will Go to Trial in Fall

Donald Trump is a busy billionaire and this fall it seems his steak-filled plate will be very full. The businessman-turned-politician is running a presidential campaign while facing a trial for fraud associated with Trump University.

Across the country, there are a few cases against Trump University, a real estate seminar that costs tens of thousands of dollars to attend. Yesterday a New York court found sufficient questions of fact that a fraud case brought by New York Attorney General (AG) Eric Schneiderman should go to trial. The AG sought summary judgment, or a ruling based on the evidence submitted thus far, but this was denied and the judge has reportedly expressed a desire to "move expeditiously as possible."

Judge Awards 5-hour Energy $20M in Damages

The manufacturer of 5-hour Energy, Innovation Ventures, just got a rush. A New York federal judge partially granted the company's motion for summary judgment and awarded it $20 million in statutory damages.

The three defendant companies, Advanced Nutraceutical Manufacturing LLC, Nutrition Private Label Inc., and Midwest Wholesale Distributors Inc. made and manufactured counterfeit bottles of the energy drink and were found to have violated Innovation Ventures' trademark. The court's opinion was 94 pages. You'll soon find out why.

Cleveland will pay Tamir Rice's family $6 million to settle a wrongful death lawsuit after Rice was shot and killed by a police officer in 2014. It represents the city's largest settlement in a police-related lawsuit, but the city admitted no wrongdoing in the 12-year-old's shooting, which occurred while he was playing with a toy gun in a park.

The settlement is on par with other police misconduct claims nationwide, and was a long time coming for the Rice family.

Uber might have just dodged the biggest bullet aimed at its disruptive, ride-sharing business model. In a massive settlement announced last night, Uber will pay up to $100 million to drivers who sued the company in an effort to be considered employees. In return, drivers agreed to remain independent contractors.

While this may seem like a distinction in name only, the legal status of Uber's workforce has an enormous numerical impact on Uber's bottom line.

Ever since Wisconsin passed a law requiring residents to present a valid photo ID at the polls in order to vote, the state has been a lightning rod in the debate about voter fraud laws. Preceding the 2014 elections, amidst a flurry of litigation, the Supreme Court stepped in and ruled that Wisconsin could not enforce its ID requirement.

Last week, with a presidential election looming in the fall, the Seventh Circuit Court of Appeals waded back into the voter ID law morass, ruling that Wisconsin residents who have difficulty getting photo IDs may be able to vote without them.

Federal Court Dismisses 'Sister Wives' Lawsuit, Restores Polygamy Ban

A federal court dismissed the 'Sister Wives' and their husband's challenge to a Utah statute that bars polygamy, finding their claim moot for a few reasons. The court noted that the four wives and one husband sought relief for a possible future harm, not one happening now.

The family was unlikely to experience the harm for which it sought relief, according to CBS News, as Utah is not prosecuting the polygamists and the family now lives in Nevada. Let's take a look at the Tenth Circuit's decision.

Uber claims its background checks on potential drivers are the most comprehensive in the industry. Turns out that's not exactly true. And it's gonna cost ridesharing company $10 million.

This week Uber settled a lawsuit filed by San Francisco and Los Angeles prosecutors over the quality of its criminal screening for drivers, and may have to pay more if it doesn't institute new background check procedures. So what was Uber doing, and what does it need to do now?

The Deferred Action for Childhood Arrivals (DACA) is a federal policy that temporarily protects undocumented immigrants brought into the country unlawfully by their parents from deportation. Along with the DREAM ACT, it confers some legal standing to undocumented immigrants, like the ability to work, go to school, or get a driver's license.

The state of Arizona had been pushing back hard against the third part, with then-Governor Jan Brewer signing an executive order in 2012 denying licenses for young, undocumented immigrants. But the Ninth Circuit has overturned that ban and permanently enjoined the state from enforcing it.

Unanimous Supreme Court Rejects Texas Voter Challenge

The Supreme Court today unanimously rejected a challenge to Texas legislative districting, upholding the constitutionality of a law that counts total population as opposed to eligible voters for purposes of district creation. The plaintiffs in Evenwel v. Abbot argued that a Texas law was unconstitutional because it violates the "one-person one-vote" principle.

The court disagreed, holding, "As constitutional history, precedent, and practice demonstrate, a State or locality may draw its legislative districts based on total population." In other words, one person who does not and cannot vote can still be a person who counts for districting purposes.