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Court nixes class-action status for TGI Friday's drink suit
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2017/10/11 12:19
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A lawsuit accusing restaurant chain TGI Friday's violated consumer fraud laws with its drink pricing can't go ahead as a class action that could have included millions of members, but a similar case involving Carrabba's Italian Grill restaurants can, New Jersey's state Supreme Court ruled Wednesday.
Debra Dugan sued TGI Friday's after she was charged one price for a drink at the bar and a higher price at a table in 2008. The restaurant didn't list drink prices on its menus, according to the lawsuit.
A lower court in 2012 granted class-action status to anyone who ordered unpriced drinks at 14 of the company's restaurants in New Jersey from 2004 through 2014. TGI Friday's had estimated that could have amounted to as many as 14 million customers, according to court filings. But the plaintiffs disputed that figure.
According to the lawsuit, TGI Friday's conducted research that showed that customers spent an average of $1.72 less on drinks if the prices were displayed than if the prices weren't displayed. The lawsuit sought to prove that that amount could be considered a loss for anyone who had ordered a drink at the restaurants. Wednesday's 5-1 ruling rejected that argument, but said individual claims could still proceed.
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Spooked businesses shift headquarters out of Catalonia
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2017/10/06 12:20
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As separatists in Catalonia jockeyed Friday to elude court rulings and find ways to deliver on their promise to declare independence, business giants hit back with plans to relocate their headquarters elsewhere in Spain amid the increasing political uncertainty.
Caixabank, Spain's third lender in global assets, said Friday that it was moving from Barcelona to the eastern city of Valencia, "given the current situation in Catalonia." It said it wants to remain in the eurozone and under the supervision of the European Central Bank — two things that would not happen if Catalonia did manage to secede.
The region's separatist government has vowed to use a pro-independence victory in a disputed referendum last weekend to go ahead with secession, while calling for Spain's central government to accept a dialogue.
But the government of Spain's conservative Prime Minister Mariano Rajoy has rejected any negotiations unless the separatists drop their secession bid. Rajoy urged Puigdemont to cancel plans for declaring independence in order to avoid "greater evils."
"In order to dialogue, you must stay within the legal framework," Spanish cabinet spokesman Inigo Mendez de Vigo told reporters Friday, blaming the secessionists for breaking Spain's constitutional order.
"Coexistence is broken" in Catalonia, he said, warning Catalans that a parliamentary declaration of independence "is not enough" and that the international community needs to recognize independent nations. |
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Rooney gets road ban after pleading guilty to drunk driving
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2017/09/14 12:32
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Former England captain Wayne Rooney pleaded guilty to drunk driving on Monday, leading to a court imposing a two-year driving ban and ordering him to perform 100 hours of unpaid community work.
The Everton striker was stopped by police outside Manchester on Sept. 1 while driving someone else's car.
Rooney was three times above the legal limit for driving with alcohol in the body, the hearing at Stockport Magistrates' Court was informed as the 31-year-old player entered his guilty plea.
"Following today's court hearing I want publicly to apologize for my unforgivable lack of judgment in driving while over the legal limit. It was completely wrong," Rooney said in a statement.
"I have already said sorry to my family, my manager and chairman and everyone at Everton FC. Now I want to apologize to all the fans and everyone else who has followed and supported me throughout my career."
A breathalyzer test showed Rooney's alcohol level was 104 micrograms in 100 milliliters of breath. The driving limit in England and Wales is 35 micrograms per 100 milliliters of breath.
Rooney's legal team asked District Judge John Temperley to consider not imposing a community work order because of his ongoing charitable work. However Temperley said he was "not convinced" that imposing a large fine "would have the same effect". Rooney was also told to pay 85 pounds ($115) of prosecution costs and a victim surcharge for the same amount. |
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Court: Apology expressing fault can't be used in lawsuits
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2017/09/10 23:02
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The Ohio Supreme Court has ruled that an apology by a medical provider that includes an admission of liability can't be used in a later lawsuit against the provider.
At issue in the court's Tuesday decision was the state's "apology law," which already bars using apologies in lawsuits.
The new question before the court was whether an apology that includes an expression of fault can also be kept out of lawsuits.
Justice Sharon Kennedy wrote that under Ohio law the apology may include an acknowledgment that a patient's medical care fell below standards of care without it later being used as evidence.
The court looked at the case of a woman in Brown County in southern Ohio who died after trying to kill herself in a hospital.
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Hailey attorney named to Idaho District Court bench
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2017/08/13 10:42
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Central Idaho attorney Ned Williamson has been named the new judge in Idaho's 5th District Court.
Gov. C.L. "Butch" Otter selected Williamson, a Hailey resident, to replace recently retired Judge Robert Elgee in Blaine County.
The Times-News newspaper reports Williamson served as a deputy prosecutor in both Canyon and Blaine counties before opening his private law practice in 2001. Williamson was one of four candidates submitted to Otter for the judgeship.
Otter said Williamson's local experience will serve him well on the bench. Williamson said he's honored by the selection and will dedicate himself to being a fair and impartial judge.
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Open records policy set for administrative court records
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2017/08/10 10:43
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Kentucky's Supreme Court justices have approved an open records policy to guide how the public accesses administrative records in the state court system.
State officials say the first open records policy for the Administrative Office of the Courts takes effect Aug. 15. The AOC is the operations arm of the state's court system.
The new policy describes how to submit an open records request to AOC.
Kentucky Chief Justice John D. Minton Jr. says the judicial branch has long complied with the "spirit" of the open records law, but says it's time to formalize its commitment in a written policy.
First Amendment expert and Louisville lawyer Jon Fleischaker says he's looked forward to the time when the public had definitive guidance on how to access the court system's administrative records.
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