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Articles by Dena Aubin
Former Mt Gox CEO must face lawsuit over bitcoin exchange collapse - ruling
A federal judge in Philadelphia has declined to dismiss a proposed class action accusing Mark Karpeles, former chief executive of the defunct Mt Gox bitcoin exchange, of hiding problems at the online exchange before its 2014 collapse. Karpeles, a French citizen, argued that the Philadelphia court did not have jurisdiction over him in the lawsuit by U.S. customers of Tokyo-based Mt Gox, but District Judge Robert Kelly on Friday rejected that argument.
Lawsuit says Tesla fails to honor battery warranties for used vehicles
Electric car maker Tesla has been hit with a proposed class action accusing it of misleading thousands of purchasers of used Model S and Model X vehicles by failing to disclose results of inspections or honor all warranties for their batteries.
Judge moves Rhode Island climate-change lawsuit to state court
A federal judge ruled on Monday ruled that 21 oil and gas companies including Shell and Exxonmobil will have to defend themselves against a climate change lawsuit by Rhode Island in state court, where the state is more hopeful of winning. The oil companies had moved the case to federal court in Providence from a state court last July, but U.S. District Judge William Smith on Monday said federal courts have no jurisdiction over the case because it involves only state law claims.
Lawsuit alleges Wells Fargo denies auto loans to DACA recipients
An Illinois man who says he was denied an auto loan from Wells Fargo because he is in the country under the Deferred Action for Childhood Arrivals (DACA) program has filed a proposed class action against the bank alleging discriminatory loan practices.
Judge tosses 14 of 15 claims in lawsuit against student loan servicer Navient
A federal judge in Manhattan has dismissed the bulk of a lawsuit accusing student loan servicer Navient of misleading borrowers about a debt forgiveness program for public service workers and causing them to miss out on thousands of dollars worth of loan relief. In a decision on Monday, U.S. District Judge Denise Cote dismissed 14 of the 15 claims asserted against Navient, finding many were not supported with sufficient details or not allowed by law.
Ex-Morgan Stanley worker must arbitrate harassment claims-ruling
A New York state law passed last year in the wake of the #MeToo movement cannot prevent a former Morgan Stanley associate from having to submit his sexual harassment claims against the bank to arbitration, a federal judge in Manhattan ruled on Wednesday. U.S. District Judge Denise Cote said the law’s ban on the forced arbitration of sexual harassment claims is displaced by the Federal Arbitration Act (FAA), which calls for the strict enforcement of arbitration agreements.
Dow unit settles pollution claims with Justice Department, EPA for $6 mln
Dow Inc subsidiary Dow Silicones has agreed to pay $6 million to resolve allegations that it failed to control hazardous air emissions or stormwater pollution from its chemical plant in Midland, Michigan, the federal government announced on Tuesday. The settlement with the U.S. Department of Justice and the U.S. Environmental Protection Agency also calls for Dow to undertake a number of measures to reduce pollution from the plant, the two agencies said in a statement on Tuesday.
General Mills beats lawsuit alleging traces of glyphosate in Cheerios
A federal judge in Miami has dismissed a proposed class action accusing General Mills of selling Cheerios cereal with trace amounts of the weedkiller glyphosate, ruling that the named plaintiff failed to show how she was harmed. Plaintiff Mounira Doss of Broward County, Florida alleged that trace amounts of glyphosate have been found in some Cheerios, but she failed to allege that the Cheerios she actually bought had the chemical, U.S. District Judge Robert Scola ruled on Friday.
Judge dismisses antitrust lawsuit against energy providers Eversource, Avangrid
A federal judge in Boston has dismissed a proposed antitrust class action accusing Eversource Energy and Avangrid, two of New England’s largest energy providers, of manipulating pipeline capacity to inflate prices of natural gas and electricity.
Wal-Mart, Kmart, Aeropostale accused of copying UGG boot design
Deckers Outdoor Corp, the U.S. maker of UGG boots, has filed lawsuits against retailers Wal-Mart Stores, Kmart and Aeropostale, alleging that they copied the design of its popular fleece-lined boots. The lawsuits were filed on Tuesday in Los Angeles federal court, accusing the retailers of trade dress infringement, patent infringement and unfair competition for allegedly using UGG’s design without permission. To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2VTqCIV
CFPB sued for not collecting data on business lending to women, minorities
A California community group has filed suit against the Consumer Financial Protection Bureau, accusing it of failing to collect data from banks on lending to women- and minority-owned small businesses as required by federal law. Filed on Tuesday in San Francisco federal court, the lawsuit by the California Reinvestment Coalition said the data is critical to identifying “credit deserts” where the small businesses may have difficulty getting loans.
Iowa Supreme Court rejects landowners' challenge to wind farm
Iowa’s Supreme Court has rejected a challenge to a massive wind farm in the northwestern part of the state filed by two landowners who argued that the state’s utilities board allowed the project developers to evade regulatory requirements.
Cincinnati banks settle DOJ redlining complaint
The U.S. Department of Justice has reached a $9 million settlement with two Cincinnati, Ohio banks accused of redlining, or denying mortgage loans to residents of mostly black neighborhoods. Announced last week, the settlement with Union Savings Bank and Guardian Savings Bank calls for a $7 million fund to be spent on loan subsidies for underserved black residents and $2 million in advertising and outreach to minority neighborhoods.
Actor Clint Eastwood loses patent lawsuit over antioxidant
A federal judge in Manhattan has dismissed a lawsuit by a trust established by actor Clint Eastwood attempting to claim ownership of a patent related to glutathione, an antioxidant believed to help protect the body from cell damage. The Clinton Eastwood Trust sued Molecular Defenses Corp (MDC) last year alleging that it illegally acquired a patent derived from a late physician’s research that the trust said it had helped fund.
U.S. Steel sued over fire-damaged emissions controls at Pittsburgh-area facilities
Two environmental groups have filed suit against U.S. Steel alleging that it exposed thousands of Pittsburgh-area residents to harmful pollution by continuing to operate three plants after a December 2018 fire damaged its pollution control equipment. The lawsuit was filed on Monday in Pittsburgh federal court by the nonprofits PennEnvironment and Clean Air Council, alleging violations of the U.S. Clean Air Act.
Lawsuit says Fifth Third Bank charging 'unconscionable' overdraft fees
Ohio-based Fifth Third Bank has been hit with a proposed class action in Orlando federal court accusing it of manipulating its customers’ debit charges to deplete their checking accounts more quickly so it can charge more overdraft fees. Filed on Wednesday, the lawsuit is seeking actual and punitive damages to be determined at trial for thousands of Fifth Third customers who allegedly incurred overdraft fees because of the bank’s reordering practices.
Lawsuit alleges gender, age discrimination at State Street Bank
Boston-based State Street Bank has been hit with a lawsuit by two former executives in its New York offices alleging that they were fired after complaining about gender discrimination. Filed on Monday in Manhattan federal court, the lawsuit said State Street disbanded the entire 17-person group led by the two executives, Ksenia Shnyra and Alexander Reyngold, to cover up the fact that the two were dismissed as retaliation for complaining.
Judge lifts injunction on DOE's uranium mine leasing
A federal judge in Colorado has lifted a 2011 injunction barring the U.S. Department of Energy from leasing public land for uranium mining on a 25,000-acre site in southwestern Colorado. In a decision on Monday, U.S. District Judge William Martinez said the DOE met its obligations under federal environmental laws to reopen its leasing program on land around Paradox Valley near the Dolores River.
Wells Fargo officials enter $240 million settlement over bogus accounts
By Jonathan Stempel and Dena Aubin (Reuters) - Wells Fargo & Co executives and directors have reached a $240 million (181.8 million pounds) settlement with U.S. shareholders over the creation by bank employees of millions of unauthorised customer accounts. The settlement was filed late Thursday with the federal court in San Francisco, and requires a judge's approval.
Wells Fargo officials enter $240 million settlement over bogus accounts
© Reuters/CHRIS HELGREN A Wells Fargo logo is seen at the SIBOS banking and financial conference in Toronto Wells Fargo & Co executives and directors have reached a $240 million settlement with U.S. shareholders over the creation by bank employees of millions of unauthorized customer accounts. The settlement was filed late Thursday with the federal court in San Francisco, and requires a judge's approval.
Wells Fargo officials enter $240 million settlement over bogus accounts
(Reuters) - Wells Fargo & Co executives and directors have reached a $240 million (181.8 million pounds) settlement with U.S. shareholders over the creation by bank employees of millions of unauthorised customer accounts. FILE PHOTO: A Wells Fargo logo is seen in New York City, U.S. January 10, 2017. REUTERS/Stephanie Keith The settlement was filed late Thursday with the federal court in San Francisco, and requires a judge’s approval.
Wells Fargo officials enter $240 million settlement over bogus accounts
© Reuters/CHRIS HELGREN A Wells Fargo logo is seen at the SIBOS banking and financial conference in Toronto Wells Fargo & Co executives and directors have reached a $240 million settlement with U.S. shareholders over the creation by bank employees of millions of unauthorized customer accounts. The settlement was filed late Thursday with the federal court in San Francisco, and requires a judge's approval.
Wells Fargo officials make record $240 million settlement over bogus accounts
(Reuters) - Wells Fargo & Co officials have reached a record $240 million settlement with U.S. shareholders over the creation by bank employees of millions of unauthorized customer accounts. FILE PHOTO: A Wells Fargo logo is seen at the SIBOS banking and financial conference in Toronto, Ontario, Canada October 19, 2017.
Wells Fargo officials reach record $240 million settlement over bogus accounts
NEW YORK • Wells Fargo & Co. officials have reached a record $240 million settlement with U.S. shareholders over the creation by bank employees of millions of unauthorized customer accounts. The settlement disclosed late on Thursday requires insurers for 20 current and former Wells Fargo executives and directors, including Chief Executive Tim Sloan and his predecessor John Stumpf, to pay the $240 million to the bank.
Wells Fargo officials make record $240 million settlement over bogus accounts
© Reuters/CHRIS HELGREN A Wells Fargo logo is seen at the SIBOS banking and financial conference in Toronto Wells Fargo & Co officials have reached a record $240 million settlement with U.S. shareholders over the creation by bank employees of millions of unauthorized customer accounts.
Wells Fargo officials make record $240 million settlement over bogus accounts
© Reuters/CHRIS HELGREN A Wells Fargo logo is seen at the SIBOS banking and financial conference in Toronto Wells Fargo & Co officials have reached a record $240 million settlement with U.S. shareholders over the creation by bank employees of millions of unauthorized customer accounts.
Wells Fargo officials enter $240 mln settlement over bogus accounts
(Adds background) By Jonathan Stempel and Dena Aubin March 1 (Reuters) - Wells Fargo & Co executives and directors have reached a $240 million settlement with U.S. shareholders over the creation by bank employees of millions of unauthorized customer accounts. The settlement was filed late Thursday with the federal court in San Francisco, and requires a judge's approval.
U.S. banking regulator fights NY lawsuit over fintech charters
The U.S. Office of the Comptroller of the Currency has asked a Manhattan federal court to dismiss a lawsuit by a New York financial regulator over its plan to issue banking charters to fintech companies, saying the lawsuit is premature. In a motion on Tuesday, the OCC said it has not even received an application from a financial technology company for a charter, let alone approved one.
Homeowners sue Wells Fargo over glitch that led to foreclosures
Wells Fargo has been hit with a proposed class action accusing it of violating numerous federal and state laws by foreclosing on hundreds of homeowners who were mistakenly denied mortgage relief because of a computer glitch the bank disclosed last year. Filed on Friday in a Washington state federal court, the lawsuit said the bank offered some compensation to affected homeowners but did not adequately pay them for going through “the nightmare” of foreclosure.
Wendy's settles financial firms' lawsuit over data breach for $50 mln
Restaurant company Wendy’s has agreed to pay $50 million to resolve a 2016 lawsuit by financial institutions nationwide alleging that the company’s negligence allowed hackers to steal credit and debit card information in a 2015 data breach. Disclosed in a filing on Wednesday in Pittsburgh federal court, the settlement will be paid to approximately 7,500 banks and credit unions that issued about 18 million credit or debit cards exposed in the data breach.
Court tosses health groups' lawsuit over EPA advisory boards
A federal judge in Washington, D.C. has tossed a lawsuit by public health groups challenging a U.S. Environmental Protection Agency policy that bans EPA grant recipients from serving on the agency’s advisory committees.
11th Circuit upholds bank fraud conviction but rips prosecutors
A split federal appeals court on Wednesday affirmed the conviction of a Florida surveyor for defrauding an FDIC-insured bank but warned federal prosecutors to present better evidence in the future that a swindled bank is in fact federally insured. “Don’t apologize - do better,” U.S. Circuit Judge Kevin Newsom, writing for an 11th U.S. Circuit Appeals Court panel, said in a warning to prosecutors.
PennyMac sued over credit reporting of modified mortgages
California-based PennyMac, one of the country’s largest mortgage lenders, has been hit with a proposed class action accusing it of misreporting mortgage loans to credit bureaus after the loans were modified, hurting homeowner’s credit standing. Filed on Sunday in Trenton, New Jersey federal court by Virginia residents Dana and Jennifer Harris, the lawsuit also names as defendants the three major credit bureaus, Equifax Information Services, Experian Information Solutions and TransUnion.
PennyMac sued over credit reporting of modified mortgages | Business Information & News | Westlaw
(Reuters) - California-based PennyMac, one of the country's largest mortgage lenders, has been hit with a proposed class action accusing it of misreporting mortgage loans to credit bureaus after the loans were modified, hurting homeowner's credit...
Lawsuit challenges Jiffy Lube's 'no-poaching' agreements
Jiffy Lube International and its parent Royal Dutch Shell have been hit with a proposed class action accusing them of violating U.S. antitrust law by imposing no-poaching agreements on Jiffy Lube’s franchise owners across the country. The agreements bar the Jiffy Lube oil change franchises from hiring one another’s employees and are depressing workers’ wages because franchises do not have to compete for employees, according to a complaint made public on Monday in Philadelphia federal court.
BB&T agrees to pay $24 mln to settle lawsuit over 401(k)
North Carolina-based BB&T Corp has agreed to pay $24 million to resolve a lawsuit accusing it of loading employees’ 401(k) retirement plan with poorly performing mutual funds that the bank managed and collecting millions of dollars in excessive fees.
Judge denies cert for debt case whose lead plaintiff doesn’t know what a class action is
A federal judge in Chicago has rejected class status for a lawsuit accusing a debt collector for Dish Network of violating a federal debt collection law, saying the named plaintiff was not an adequate representative for the class because he did not know what a class action was or what his role would be. In a decision on Wednesday, U.S. District Judge Robert Dow gave class counsel until Jan. 10 to file a motion to substitute a different named plaintiff.
Banks sue N.J. attorney general over political contribution ban
New Jersey’s main banking trade group has sued the state’s attorney general challenging a more than 100-year-old ban on contributions by banks to political parties or candidates. Filed on Tuesday in federal court in Trenton, New Jersey, the complaint said the “antiquated” law clearly violates banks’ First Amendment free speech rights. The group seeks an order declaring the law unconstitutional and barring its enforcement.
U.S. seeks dismissal of Navajos' lawsuit over Colorado mine spill
The U.S. government has asked a federal judge in Albuquerque to dismiss a lawsuit by nearly 300 members of the Navajo Nation accusing it of negligence in a 2015 toxic waste spill at Colorado’s shuttered Gold King mine. In a motion on Thursday, the government said the claims, brought against the United States and the U.S. Environmental Protection Agency under the Federal Tort Claims Act (FTCA), cannot go forward against the EPA because it is not a proper party to those kinds of claims.
Class Action Claiming Wells Fargo Made Robocalls Seeks Triple Damages
A proposed class action lawsuit in San Francisco federal court accuses Wells Fargo of making tens of thousands of automatically dialed, or “robo,” calls to cell phones without consumers’ consent. Filed on Thursday on behalf of a nationwide class, the lawsuit accuses Wells Fargo of calling wrong numbers with auto-dialing equipment and failing to honor requests to stop. The complaint seeks triple damages under the U.S. Telephone Consumer Protection Act, or up to $1,500 for each call.
Bank of America fights lawsuit accusing it of aiding Ponzi scheme
Bank of America has asked a federal judge in Florida to dismiss a proposed class action accusing it of aiding a $102 million nationwide Ponzi scheme, saying the investors suing the bank failed to show that it even had knowledge of the scheme. In a motion on Friday, the bank said the investors at most alleged that the bank overlooked red flags or suspicious transactions, but such conduct does not constitute actual knowledge of fraud, a key requirement for an aiding and abetting claim.
Wells Fargo hit with lawsuit over robocalls to wrong numbers
© Reuters. Wells Fargo hit with lawsuit over robocalls to wrong numbers By Dena Aubin , (Reuters) - A proposed class action lawsuit in San Francisco federal court accuses Wells Fargo (NYSE:WFC) of making tens of thousands of automatically dialed, or "robo," calls to cell phones without consumers' consent. Filed on Thursday on behalf of a nationwide class, the lawsuit accuses Wells Fargo of calling wrong numbers with auto-dialing equipment and failing to honor requests to stop.
Wells Fargo hit with lawsuit over robocalls to wrong numbers
A proposed class action lawsuit in San Francisco federal court accuses Wells Fargo of making tens of thousands of automatically dialed, or "robo," calls to cellphones without consumers' consent.Filed on Thursday on behalf of a nationwide class, the lawsuit accuses Wells Fargo of calling wrong numbers with auto-dialing equipment and failing to honor requests to stop.
Wells Fargo Hit With Lawsuit Over Robocalls to Wrong Numbers
, (Reuters) - A proposed class action lawsuit in San Francisco federal court accuses Wells Fargo of making tens of thousands of automatically dialed, or "robo," calls to cell phones without consumers' consent. Filed on Thursday on behalf of a nationwide class, the lawsuit accuses Wells Fargo of calling wrong numbers with auto-dialing equipment and failing to honor requests to stop. The complaint seeks triple damages under the U.S. Telephone Consumer Protection Act, or up to $1,500 for each call.
Wells Fargo hit with lawsuit over robocalls to wrong numbers
, (Reuters) - A proposed class action lawsuit in San Francisco federal court accuses Wells Fargo of making tens of thousands of automatically dialed, or “robo,” calls to cell phones without consumers’ consent. Filed on Thursday on behalf of a nationwide class, the lawsuit accuses Wells Fargo of calling wrong numbers with auto-dialing equipment and failing to honor requests to stop. The complaint seeks triple damages under the U.S. Telephone Consumer Protection Act, or up to $1,500 for each call.
Wells Fargo hit with lawsuit over robocalls to wrong numbers
, (Reuters) - A proposed class action lawsuit in San Francisco federal court accuses Wells Fargo of making tens of thousands of automatically dialed, or "robo," calls to cell phones without consumers' consent. Filed on Thursday on behalf of a nationwide class, the lawsuit accuses Wells Fargo of calling wrong numbers with auto-dialing equipment and failing to honor requests to stop. The complaint seeks triple damages under the U.S. Telephone Consumer Protection Act, or up to $1,500 for each call.
Wells Fargo hit with lawsuit over robocalls to wrong numbers
Oct 26, (Reuters) - A proposed class action lawsuit in San Francisco federal court accuses Wells Fargo of making tens of thousands of automatically dialed, or "robo," calls to cell phones without consumers' consent. Filed on Thursday on behalf of a nationwide class, the lawsuit accuses Wells Fargo of calling wrong numbers with auto-dialing equipment and failing to honor requests to stop.
Judge tosses NextEra lawsuit over nuclear workers database
NextEra Energy does not have the right to access a utility industry database used to screen workers for nuclear plants, a federal judge ruled on Tuesday, ending NextEra’s lawsuit against a trade group that manages the database. U.S. District Judge Donald Middlebrooks in West Palm Beach said the Nuclear Energy Institute (NEI), which oversees the database, limits its use to members of the institute, and NextEra lost its right to use the database when it dropped its membership.
Morgan Stanley Sues Six Illinois Brokers Who Left for Stifel
FILE PHOTO - The Morgan Stanley logo is displayed at the post where it is traded on the floor of the New York Stock Exchange (NYSE) in New York, U.S., April 19, 2017. REUTERS/Brendan McDermid Reuters NEW YORK (Reuters) - Morgan Stanley has sued six brokers who left an Illinois branch of the firm last week to join competitor Stifel Nicolaus , alleging that they have been soliciting Morgan Stanley clients in violation of employment agreements.
Morgan Stanley sues six Illinois brokers who left for Stifel
© Reuters. FILE PHOTO - The Morgan Stanley logo is displayed at the post where it is traded on the floor of the NYSE in New York By Dena Aubin NEW YORK (Reuters) - Morgan Stanley (N:MS) has sued six brokers who left an Illinois branch of the firm last week to join competitor Stifel Nicolaus (N:SF), alleging that they have been soliciting Morgan Stanley clients in violation of employment agreements.
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