U.S. District Judge Karen Spencer Marston for Eastern Pennsylvania in Philadelphia granted a motion to consolidate related class actions against Onix Group for a March data breach that affected some 320,000 individuals’ personally identifiable information (see 2307130062), said her order Wednesday (docket 2:23-cv-02301). Marston directed plaintiffs in the consolidated class action to file an amended complaint in their data breach litigation no later than Sept. 15, with defendants’ response due by Nov. 17. All cases that have been designated to Meyers v. Onix Group will be consolidated with the lead case, Marston said. The court appointed as co-lead counsel Benjamin Johns of Shub & Johns and Gary Klinger of Milberg Coleman. Among plaintiffs’ claims are unfair trade practices and consumer protection law violations, negligence and unjust enrichment.
Importer Amsted Rail Co. voluntarily dismissed its conflict-of-interest suit against the Commerce Department at the Court of International Trade. The case, involving the company's former counsel Daniel Pickard, now partner at Buchanan Ingersoll, was previously stayed pending resolution of a related matter against the International Trade Commission. Amsted earlier this month also dismissed the ITC matter at the U.S. Court of Appeals for the Federal Circuit after the importer filed a joint stipulation of voluntary dismissal (see 2307050052) (Amsted Rail Co. v. U.S., CIT # 22-00316).
Five newly announced FTC enforcement actions against illegal robocalls and telemarketing fraud marked Tuesday’s debut of Operation Stop Scam Calls, a nationwide “enforcement sweep” involving more than 100 federal and state agencies, including DOJ, the FCC and the attorneys general of all 50 states, plus the District of Columbia.
Proposed changes by the Commerce Department to its antidumping and countervailing duty regulations were met with a diverse array of responses from governments, producers, importers, lawyers and others, with particular focus on the agency's proposal to consider intellectual property, human rights and environmental protections in AD/CVD proceedings and proposed changes that would allow particular market situation adjustments to the sales-below-cost test.
Plaintiff Angela Haynie agreed to consolidate her fraud class action against Onix Group in a response (docket 2:23-cv-02689) to court orders in support of plaintiff Eric Meyers, Donald Owens and Aida Wimbush’s Wednesday motion (see 2307130062) to consolidate the related actions, appoint interim co-lead counsel and set a schedule for filing a consolidated amended complaint in U.S. District Court for Eastern Pennsylvania in Philadelphia. The fraud complaints against Onix allege the company failed to secure and safeguard about 320,000 individuals’ personally identifiable information and personal health information during a March data breach in its healthcare business. Haynie claims unfair trade practices and consumer protection law violations, negligence and unjust enrichment. She supports the appointment of Benjamin Johns of Shub & Johns and Gary Klinger of Milberg Coleman as interim co-lead class counsel.
The following lawsuits were filed at the Court of International Trade during the week of July 10-16:
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuit was recently filed at the Court of International Trade:
Conservation groups Sea Shepherd New Zealand and Sea Shepherd Conservation Society filed a joint motion for stay of litigation with the government in a case challenging the National Oceanic and Atmospheric Administration's 2020 findings that New Zealand's standards for its West Coast North Island inshore trawl and set net fisheries were comparable with U.S. regulations (Sea Shepherd New Zealand, et al. v. United States, CIT # 20-00112).
U.S. District Court Judge Brantley Starr granted EDN Global’s motion for consideration to file a first amended complaint (FAC) in its breach of contract lawsuit (docket 3:23-cv-00355) against AT&T, said his Tuesday order in U.S. District Court for Northern Texas in Dallas. Plaintiffs articulated a non-conclusory reason it’s necessary -- “to base the complaint on Texas law” -- Starr’s order said. In a separate order, he found "moot" AT&T’s motion to dismiss for failure to state a claim.