Potts Law Firm Files Class Action for San Jacinto River Flooding Victims

Potts Law Firm Files Inverse Condemnation Case for All Residences and Businesses Impacted

HOUSTON, Sept. 7, 2017 /PRNewswire/ -- Potts Law Firm, a Houston-based law firm, filed a class action on September 6, 2017, in the Harris County District Court seeking to represent all individuals and businesses recently affected by the San Jacinto River Authority's handling of "controlled release" of water from Lake Conroe on August 27, 2017. As a result of the release, it is estimated that thousands of homeowners and business owners' properties were flooded who had previously escaped flooding from Hurricane Harvey itself.

The lawsuit styled Thomas E. and Beth F. Ross, et.al. v. San Jacinto River Authority, et al., consists of two subclasses for (1) All Texas residential property owners who experienced flood waters at their property on or after Monday, August 28, 2017, in the area downstream of Lake Conroe affected by the rising waters of the San Jacinto River as a result of San Jacinto River Authority's decision to release water from Lake Conroe; and (2) All Texas commercial property owners who experienced flood waters at their property on or after Monday, August 28, 2017, in the area downstream of Lake Conroe affected by the rising waters of the San Jacinto River as a result of San Jacinto River Authority's decision to release water from Lake Conroe.

Plaintiffs owned property that was not flooding after Hurricane Harvey sat over Harris and Montgomery Counties on Saturday, August 26, 2017 and Sunday, August 27, 2017, but only began flooding on Tuesday, August 29, 2017 when the San Jacinto River Authority released water from Lake Conroe. After the release, Plaintiffs' property took on several feet of flood water. The suit seeks damages for the government's intentional taking of properties by flooding and seeks recovery for the repair costs to such properties, diminution in value of the properties, lost income or business income to the properties' owners, and any consequential loss of the flooding. Inverse condemnation occurs when the government takes private property but fails to pay the compensation required by Section 17, Article 1 of the Texas Constitution. Similar lawsuits were filed in the aftermath of Hurricane Katrina and a class action was certified by the U.S. Court of Federal Claims.

"In the devastating aftermath of the flooding, Potts Law Firm stands ready to support our clients, our employees, and our community at this most challenging time", said Derek H. Potts, National Managing Partner in Houston. "This case is particularly important to us since it directly impacted so many friends, neighbors, and family members."

Widely recognized for their expertise in complex litigation and trials, Potts Law Firm has obtained record-setting verdicts and settlements on behalf of clients in state and federal courts across the country. The attorneys with Potts Law Firm are dedicated to fighting for the rights of victims of flood and wind catastrophes.

About Potts Law Firm

Potts Law Firm diligently pursues a variety of complex litigation and mass tort matters, from complex pharmaceutical cases to challenging eminent domain claims. The firm's team of highly competent attorneys have experience in many different areas complex litigation. Believing that every detail of a case matters, firm attorneys work tirelessly to pursue just compensation, regardless of the obstacles faced. For more information, visit www.potts-law.com

For more information contact:
Steve Stasny
832-838-4553
175486@email4pr.com

 

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SOURCE Potts Law Firm

MiMedx Reports Further Developments in its Civil Litigation Against Former Employees

MARIETTA, Ga., Sept. 7, 2017 /PRNewswire/ -- MiMedx Group, Inc. (NASDAQ: MDXG), the leading biopharmaceutical company developing and marketing regenerative and therapeutic biologics utilizing human placental tissue allografts with patent-protected processes for multiple sectors of healthcare, announced today further developments since its August 17, 2017 press release in its civil litigation against several former sales employees. 

Developments in Civil Litigation Against Terminated Employees

As previously communicated, Clayton Halunen, the attorney who represented Jess Kruchoski and Luke Tornquist, two of the former employees involved in the litigation, withdrew from those cases after only a few months. Mr. Halunen has resurfaced again, this time representing former employee Mike Fox

Parker H. Petit, Chairman and CEO, commented, "Mr. Halunen's patterns in his representation of Mr. Fox are the same as the ones he employed in his short-lived and unsuccessful representation of Mr. Kruchoski and Mr. Tornquist.  Mr. Halunen has filed pleadings containing numerous new accusations by Mr. Fox, for which reasonable due diligence would have proven to be without merit.  Therefore, to address this and other inaccurate allegations being made by Mr. Fox, the Company is now in the process of bringing a motion requesting that such allegations be withdrawn because they lack support and were brought to harass the Company."

Petit continued, "Mr. Halunen made allegations last December on behalf of clients claiming that I stated in a meeting that I wanted to hurt these terminated individuals and their families.  I would like to state unequivocally that I never made such a statement.  What I did say took place in a meeting in which Mr. Fox and other sales managers and corporate executives were in attendance, and my statement was that I was saddened by the harmful impact these former employees' actions may have on them and their families.  Presumably, this accusation was passed on to Mr. Halunen by Mr. Fox, and if appropriate steps were not taken to verify the accuracy of the statement, this is not only disappointing, but actionable." 

In other depositions taken in the various former employee cases, one terminated employee retracted his channel stuffing allegations, and testified that all of the product at locations where he was assigned was used, none of it was returned, and future sales were not detrimentally impacted by his past sales volumes at any point.  There has been evidence that some former employees hoped to be released from their non-compete agreements and that making allegations of channel-stuffing might allow them to negotiate such releases.  A terminated employee formally withdrew his claim that he had previously filed with the National Labor Relations Board alleging he was fired for supporting the channel stuffing claims; this withdrawal ended that investigation.  Additionally, several persons have indicated that numerous former employees were in discussions together regarding their involvement with companies other than MiMedx, and that these persons knew they should hide these activities. 

Additionally, MiMedx has been aware for some time of an ongoing investigation by the Department of Veterans Affairs ("VA") Office of Inspector General, but the Company is not a target of that investigation.  The Company is assisting with the investigation as requested by the government.  To the extent there has been any innuendo by The Capitol Forum or others that somehow MiMedx is a target, that is simply incorrect based on available information.  Commented Petit, "In regards to The Capital Forum report specifically, it is disappointing that they would make such innuendo even after they were informed by the Company that such was not the case."

Additional evidence disclosed in litigation has confirmed that some of the terminated individuals provided gifts and meals to employees of the VA that potentially result in violations of federal law and MiMedx policies.  This evidence has already led one former employee to plead the Fifth Amendment rather than answer questions related to dinners provided to doctors.  MiMedx policies in regard to interactions with health care providers prohibit providing any gifts at all to health care providers, and its policies in regards to interactions with federal employees place stringent limits on providing meals to federal employees per federal law.

There has not been any testimony that the Company's executives directed anyone to behave in such a manner.  All of the Company's compliance training and documentation is very clear on this issue.  These facts make it appear that any individuals who engaged in this behavior not only disregarded their contractual obligations to MiMedx, but may have also disregarded federal laws.

Petit stated, "Our litigation has progressed in an orderly fashion, and the conclusions that we originally reached are proving to be factual.  I believe these civil actions will come to relatively quick conclusions.  As previously stated, the Company is very comfortable with answering any questions related to these allegations and the misinformation association with them.  We apologize for these distractions, but MiMedx operating performance continues to speak for our superb technology and business experience and acumen."

Short Selling Theses Based on Allegations of Terminated Employees

The Company has also been made aware of various "short sell" theses that are based on the unfounded allegations of these terminated employees.  If any of these short sell theses also involve information that was improperly obtained and traded on, or if the theses involve persons acting in concert to perpetuate false information to influence trading decisions, such activity is against the law.  Recall that the SEC has recently conducted several investigations into short sellers and most recently announced a settlement with Deerfield, a New York based hedge fund, for not appropriately controlling two healthcare analysts who were alleged to have improperly obtained information and traded on it.  These two individuals are the same analysts who had followed MiMedx beginning in 2012, and during that time, these individuals had advanced various other short sale theses on the Company.

In the SEC's investigation into the Deerfield matter, their two healthcare analysts were alleged to have paid a CMS employee to provide to them inside information related to three dialysis corporations.  Therefore, the same type of inside information could have been provided relative to CMS pricing changes, FDA regulatory issues, or VA policy changes that could have affected MiMedx. 

About MiMedx

MiMedx® is a biopharmaceutical company developing and marketing regenerative biologics utilizing human placental tissue allografts with patent-protected processes for multiple sectors of healthcare. "Innovations in Regenerative Medicine" is the framework behind our mission to give physicians products and tissues to help the body heal itself.  We process the human placental tissue utilizing our proprietary PURION® Process among other processes, to produce safe and effective allografts. MiMedx proprietary processing methodology employs aseptic processing techniques in addition to terminal sterilization.  MiMedx is the leading supplier of placental tissue, having supplied over 1,000,000 allografts to date for application in the Wound Care, Burn, Surgical, Orthopedic, Spine, Sports Medicine, Ophthalmic and Dental sectors of healthcare. For additional information, please visit www.mimedx.com.

Important Cautionary Statement

This press release includes forward-looking statements. These statements also may be identified by words such as "believe," "except," "may," "plan," "potential," "will" and similar expressions, and are based on our current beliefs and expectations. Forward-looking statements are subject to significant risks and uncertainties, and we caution investors against placing undue reliance on such statements. Actual results may differ materially from those set forth in the forward-looking statements. Among the risks and uncertainties that could cause actual results to differ materially from those indicated by such forward-looking statements include the risks of litigation, risk that triers of fact may rule against the Company, and that additional facts may be discovered which alter prior conclusions. For more detailed information on the risks that might affect the Company, please review the Risk Factors section of our most recent annual report or quarterly report filed with the Securities and Exchange Commission. Any forward-looking statements speak only as of the date of this press release and we assume no obligation to update any forward-looking statement.

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SOURCE MiMedx Group, Inc.

Motley Rice LLC Appoints New Members

MT. PLEASANT, S.C., Sept. 7, 2017 /PRNewswire-USNewswire/ -- Motley Rice LLC, one of the nation's largest plaintiffs' firms, is proud to announce new members. The class of new member attorneys possesses experience throughout the firm's practice areas, including occupational disease, securities fraud, consumer fraud, whistleblower, defective medical devices, anti-terrorism and opioid litigation.

Attorneys selected for membership include: John M. Eubanks (MD, SC), John D. Hurst (NC, PA, SC, WV), Josh Littlejohn (SC), William S. Norton (MA, NY, SC),  Jonathan D. Orent (MA, RI, WI), Michael G. Rousseau (CA, MA, RI, WI), and Elizabeth Smith (DC, SC).

"Each of these attorneys was chosen for membership based on their knowledge, experience and commitment to seeking justice for our clients," said Motley Rice co-founder Joe Rice. "I look forward to working with this talented group as they continue to grow and be part of leading our firm into the future."     

MOUNT PLEASANT, S.C., OFFICE
John Eubanks has been instrumental in the firm's anti-terrorism and human rights practice, representing victims and families in litigation aimed at bankrupting financiers of terror. John was a key member of the litigation team prosecuting Linde et al. v. Arab Bank Plc, the first litigation against a financial institution brought to trial under the Anti-Terrorism Act. John has also pursued litigation for people under the Alien Tort Statute, including victims of terrorism in Israel, Sri Lanka and the United Kingdom, and victims of international human trafficking from Southeast Asia who were exploited by the camel-racing industry in Dubai. He has also played a significant role in litigation filed against the financiers and supporters of al Qaeda related to the 9/11 terrorist attacks, and, has pursued litigation against Libya for allegedly providing material resources to the Provisional Irish Republican Army, resulting in the death and injury of U.S. and U.K. citizens. John represented victims of a 2010 tour bus crash near Aswan, Egypt, that killed eight passengers and injured numerous others. John is a graduate of Georgetown University, and holds a J.D. from Georgetown University Law Center. He is a published author on counterterrorism and security and was a central contributor to the non-fiction work American Jihad: The Terrorists Living Among Us (Free Press 2002), which details the activities of organizations and individuals within the U.S. who provide material support and/or resources to Middle Eastern and Islamic terrorist organizations abroad.  

Josh Littlejohn has a key role on the firm's securities litigation team and has represented people and institutions in securities fraud, corporate governance, SEC whistleblower, medical malpractice and catastrophic injury cases in state and federal courts. Josh has been involved in litigation against 3D Systems Corporation, St. Jude Medical, Pharmacia Corporation and NPS Pharmaceuticals, in addition to working on securities fraud cases against NASDAQ, the New York Stock Exchange and other defendants involved in high-frequency trading. He is a graduate of the University of North Carolina at Asheville and holds a J.D. from Charleston School of Law.

William Norton represents individuals and institutions in securities fraud, corporate governance, and other complex class actions and commercial litigations. Bill also represents SEC and qui tam whistleblowers. He has litigated on behalf of public retirement systems, union pension funds, investment companies, banks and other institutional and individual investors before federal, state and appellate courts. He is a part of the litigation teams representing institutional investors as lead counsel in cases involving Advanced Micro Devices, Inc., Investment Technology Group, Inc., GNC Holdings, Inc., and Medtronic, Inc. Previously, Bill practiced securities and commercial litigation in the New York office of an international law firm. A graduate of the University of South Carolina Honors College with a J.D. from Boston University School of Law, Bill served as an Editor of the Boston University Law Review and was a G. Joseph Tauro Distinguished Scholar. During law school, he served as a law clerk in the United States Attorney's Office for the District of Massachusetts and represented asylum seekers at Greater Boston Legal Services.

PROVIDENCE, R.I., OFFICE
Jonathan Orent focuses his practice on representing people harmed by dangerous and defective medical devices and pharmaceutical drugs, including representing thousands of women who suffered painful and debilitating side effects associated with pelvic mesh and sling products, as well as hernia mesh patients. Jonathan currently serves as lead counsel of hernia mesh litigation In re Atrium Medical Corp. C-QUR Mesh Products Liability Litigation, MDL #2753. He serves as co-liaison counsel in transvaginal mesh litigation In re C.R. Bard Inc. in New Jersey state court and as state court liaison counsel in Massachusetts. He was part of the trial team for Barba v. Boston Scientific Corp., a transvaginal mesh case that resulted in a $10 million award. A graduate of the University of Rochester with a J.D. from Washington University School of Law, Jonathan served as a law clerk with the Missouri State Public Defender Youth Advocacy Unity and as a legal intern for Sen. Richard Durbin of Illinois prior to joining Motley Rice.

Michael Rousseau focuses his practice on representing people harmed by defective medical devices and workers, families and others impacted by mesothelioma and other asbestos-related lung diseases. Most recently, Michael has played a key role in assisting thousands of women harmed by defective transvaginal mesh, including working on discovery and settlements. Previously, he spent five years heavily involved in Composix® Kugel® Mesh litigation, including defendant liability, discovery and trials. Additionally, he is also a member of the legal team that successfully advocated for an extension of the risk contribution theory of liability in Wisconsin, enabling lead-poisoned children and families to seek compensation from former manufacturers of lead paint. A graduate of Bentley College with a J.D. from Pepperdine University, Michael provided volunteer representation to autistic children to help them obtain special education services and physical therapy pursuant to the Individuals with Disabilities Education Act (IDEA) prior to joining Motley Rice.

MORGANTOWN, W.V., OFFICE
As a central member of Motley Rice's occupational disease team, John Hurst represents people and families harmed by corporate misconduct, including asbestos, toxic exposure, catastrophic injury, defective medical devices and product liability cases. He practices in federal, state and bankruptcy courts at both the trial and appellate levels. John represents merchant mariners with Jones Act claims against their shipowner employers and has presented on this topic. In 2014, he was a key member of the Lydon v. T&N Limited (12-10013-FDS) trial team that obtained a compensatory and punitive damages verdict in Massachusetts federal court against a manufacturer of asbestos-containing fireproofing. John is a graduate of the University of North Carolina at Chapel Hill, with a J.D. from the University of North Carolina School of Law. He co-authored "Premises Liability Update: Employee Cases," for Emerging Trends in Asbestos Litigation, (March 9-11, 2009).

WASHINGTON, D.C., OFFICE
Elizabeth Smith advocates for clients harmed by corporate wrongdoing, as well as representing people in cases related to anti-terrorism, human rights, tobacco, and public client litigation. She currently represents government entities in litigation targeting the alleged deceptive marketing and overprescribing of highly addictive opioid painkillers, as well as people impacted by tobacco products. She also represents the 9/11 Families United to Bankrupt Terrorism multidistrict litigation aiming to bankrupt financiers of al Qaeda and other terrorist groups. Elizabeth holds additional experience in personal injury and consumer protection litigation, including vehicle defect cases, asbestos litigation, medical device cases, and lead paint poisoning. A graduate of Furman University with a J.D. from the University of South Carolina School of Law, Elizabeth served on the editorial board of the ABA Real Property, Probate & Trust Journal, and was a law clerk for the Honorable Diane S. Goodstein, Circuit Court Judge of the First Judicial Circuit for South Carolina.

Prior results do not guarantee a similar outcome.

About Motley Rice LLC
Motley Rice is one of the nation's largest plaintiffs' litigation firms. With a tradition of representing those whose rights have been violated, Motley Rice attorneys gained recognition for their pioneering asbestos lawsuits, their work with the State Attorneys General in the landmark litigation against Big Tobacco, and their representation of 9/11 families in the ongoing lawsuit against terrorist financiers. The firm continues to handle complex litigation in numerous areas, including securities fraud; antitrust; consumer protection; mesothelioma; environmental contamination; prescription and over-the-counter drugs; other medical devices; human rights; aviation disasters; and wrongful death. Motley Rice is headquartered in Mt. Pleasant, S.C., and has additional offices in Connecticut; Louisiana; Washington, D.C.; New York; Missouri; Rhode Island; and West Virginia. For more information call 1.800.768.4026 or visit www.motleyrice.com, or contact Motley Rice attorney Joe Rice (DC, SC). Connect with us on Facebook, LinkedIn, and Twitter.

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SOURCE Motley Rice LLC

Notice of Data Incident Regarding Hand Rehabilitation Specialists

THOUSAND OAKS, Calif., Sept. 6, 2017 /PRNewswire/ -- On July 5, 2017, Hand & Upper Extremity Centers dba Hand Rehabilitation Specialists (HRS) was informed that there may have been a breach in the security of their network. They immediately reported the notice to the Ventura County Sheriff's Office, who began a prompt forensic IT investigation into the matter in consultation with the FBI.  To date, law enforcement has found no evidence of any information leaving HRS's system. However, unauthorized access could not be ruled out, so out of an abundance of caution, HRS is providing notice to all individuals who could be potentially affected and providing protective services to those who choose to take advantage of the service. The incident may have affected patients and their financial guarantors seen from 2003 – 2014. 

If you were a patient of Hand Rehabilitation Specialists between 2003 and 2014, the information may have included your: name, date of birth, address, phone number, Social Security number, dates of service, diagnoses, CPT (billing) codes, cost, amount of co-pay made by check, medical insurance company, insurance group number and contact information, check number, and HRS's name and practice contact information.  

If you were  financial guarantor of a patient at  Hand Rehabilitation Specialists between 2003 and 2014, the information may have included your: name, date of birth, address, phone number, Social Security number, CPT (billing) codes, cost, amount of co-pay made by check, medical insurance company, insurance group number and contact information, check number, and HRS's name and practice contact information.   

If you are not certain whether your information was on Hand Rehabilitation Specialists' system, please call toll free number 1-844-402-8595, or write them at 101 Hodencamp Road, Suite 100, Thousand Oaks, CA 91360.

Given the nature of the information potentially exposed, Hand Rehabilitation Specialists strongly recommends the following steps be taken:

  1. Establish and monitor free 90 day fraud alerts with the three credit reporting bureaus.  Their telephone numbers and addresses are: Equifax (1-888-766-0008; P.O. Box 740241, Atlanta, GA 30374), Experian (1-888-397-3742; P.O. Box 4500, Allen, TX 75013), and TransUnion (1-800-680-7289; P.O. Box 2000, Chester, PA 19022-2000).  
  2. Consider placing a credit freeze on your accounts which will make it more difficult for someone to open an account.  For more information: https://www.consumer.ftc.gov/articles/0497-credit-freeze-faqs
  3. If you become a victim or suspect identity theft, file a complaint with the Federal Trade Commission at https://identitytheft.gov and law enforcement.  The FTC also provides detailed and specific information about identity theft at their website, which we recommend you review.

Lastly, you are entitled to a free credit report every year from the three credit bureaus at  www.annualcreditreport.com  and one year of complimentary credit monitoring and identity theft protection has been purchased for you should you be affected. 

Protecting your information is incredibly important to Hand Rehabilitation Specialists. In addition to the above, Hand Rehabilitation Specialists notified all three consumer reporting bureaus, the applicable state and federal agencies, it is reviewing office policies and procedures, and it will continue work with law enforcement in its criminal investigation. Again, if you are not certain whether your information was included in the possible affected Hand Rehabilitation Specialists' system, please call toll free number 1-844-402-8595, or write them at 101 Hodencamp Road, Suite 100, Thousand Oaks, CA 91360.

 

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SOURCE Hand Rehabilitation Specialists

The Vrdolyak Law Group Convinces Jury to Award Over $4 Million for Man Injured on a Commuter Train

CHICAGO, Sept. 6, 2017 /PRNewswire/ -- The Vrdolyak Law Group obtained a jury verdict for more than $4 million for an Illinois man who suffered spinal damage after being injured on a commuter train.

The defendant, Chicago Transit Authority, hired medical experts to try to dismiss the seriousness of the victim's injuries. They claimed that he had a healthy spine with only a minor sprain that did not require surgery.

"Because we have the experience, skill set, and financial resources, we were able to take this case to trial and get far more than what the defendant offered," said Eddie Vrdolyak, Managing Partner of the Vrdolyak Law Group.

The Vrdolyak Law Group hired its own team of experts and was able to prove that the medical experts hired by the defendant were wrong. The jury found that the injuries were severe and required major spinal surgery.

"We believed in our client and fought hard for him. We took the case to trial and were able to convince the jury to award more than $4 million," said Steve Armbruster, Lead Attorney.

If you are injured and those responsible try to dismiss the seriousness of your injury, the Vrdolyak Law Group recommends that you seek the advice of a lawyer. For more information call the Vrdolyak Law Group at 773-731-3313, or visit vrdolyak.com.

The Vrdolyak Law Group – founded in 1963, has grown into a Chicago legal landmark. It is recognized as a premier personal injury, medical malpractice, and workers' compensation law firm, with a team of 20 attorneys experienced in a wide range of other practice areas. The firm has three locations in Chicago, and is led by managing partner Eddie Vrdolyak. http://www.vrdolyak.com

 

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SOURCE Vrdolyak Law Group

SBS Fires Back At Allegations Made By SAG-AFTRA

Company Will Vigorously Defend Against False Union Claims

MIAMI, Sept. 6, 2017 /PRNewswire/ -- Spanish Broadcasting System, Inc. ("SBS") (OTCQX: SBSAA) today released a statement repudiating the recent claims made by SAG-AFTRA regarding alleged anti-union actions purported to have been undertaken at its radio facilities in Los Angeles.

"The recent allegations trumpeted by the Union against our Company are not only totally false and malicious, they are, in fact, an insult to the talented and professional on-air personnel the Union claims to represent," stated SBS Chairman Raúl Alarcón.

"Not only are the recent claims not true in the case of our Los Angeles personnel, they are untrue as evidenced by hundreds of employees who have worked at SBS during nearly 35 years of operations at dozens of broadcasting facilities throughout the country.

"SBS is one of the last remaining broadcasting entities owned, operated and controlled by Hispanics and a source of pride for millions of listeners as well as the artists and advertisers it has served since 1983.

"I find it ironic that, at this critical juncture when Latino culture and its institutions are under relentless attack, the Union has singled out for criticism the one truly national Hispanic media organization with an unblemished historical record of service to our community.

"Nevertheless, the Company will vigorously defend itself against these false claims to the fullest extent permitted by the law," asserted Alarcón.

SBS General Counsel, Richard D. Lara, stated, "It is unfortunate that SAG-AFTRA once again is resorting to blatant and transparent attempts at intimidating our Company into accepting unfair contract demands."

Lara further noted, "SBS has provided witness testimony and thousands of documents to the NLRB directly contradicting the outlandish SAG-AFTRA allegations concerning a handful of employees at our two LA-based radio stations, and we fully expect to prevail against these spurious claims.  

"Despite the Union's schoolyard tactics, SBS will continue to coordinate, cooperate and negotiate in good faith with SAG-AFTRA as we expect the Union to focus on the facts and discontinue making untrue and inflammatory remarks in the media," Lara added.

About Spanish Broadcasting System, Inc.
About Spanish Broadcasting System, Inc. Spanish Broadcasting System, Inc. owns and operates 17 radio stations located in the top U.S. Hispanic markets of New York, Los Angeles, Miami, Chicago, San Francisco and Puerto Rico, airing the Spanish Tropical, Regional Mexican, Spanish Adult Contemporary, Top 40 and Latin Rhythmic format genres. SBS also operates AIRE Radio Networks, a national radio platform which creates, distributes and markets leading Spanish-language radio programming to over 250 affiliated stations reaching 93% of the U.S. Hispanic audience. SBS also owns MegaTV, a television operation with over-the-air, cable and satellite distribution and affiliates throughout the U.S. and Puerto Rico. SBS also produces live concerts and events and owns multiple bilingual websites, including www.LaMusica.com, an online destination and mobile app providing content related to Latin music, entertainment, news and culture. For more information, visit us online at www.spanishbroadcasting.com.

SBS Contact:
Vladimir Gomez
vgomez@sbscorporate.com 
(786) 470-1644

Brad Edwards
edwards@braincomm.com 
(212) 986-6667

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SOURCE Spanish Broadcasting System, Inc. (SBS)

U.S. Court of Appeals for the Sixth Circuit Rules in Favor of Invocations before Jackson County Board of Commissioners Meetings

Court affirms commissioners' practice of participating in over two-hundred-year-old tradition of invocations before government meetings.

CINCINNATI, Sept. 6, 2017 /PRNewswire-USNewswire/ -- The full U.S. Court of Appeals for the Sixth Circuit sitting en banc affirmed the decision of a federal district court judge and ruled today that the Board of Commissioners in Jackson County, Michigan—represented by First Liberty Institute—may open its meetings with invocations. The commissioners offer invocations on a rotating basis and are free to act according to their own consciences by delivering either an invocation or offering a moment of silence.

"Today's decision further solidifies what the U.S. Supreme Court has now twice said: Invocations before government meetings are constitutional and an important part of our nation's history and heritage," said Ken Klukowski, Senior Counsel at First Liberty.

In Marsh v. Chambers (1983) and Town of Greece v. Galloway (2014), the U.S. Supreme Court found invocations before government meetings to be fully consistent with the Constitution and an important part of America's history and heritage.

First Liberty also represents the commissioners of Rowan County, North Carolina (Lund v. Rowan County), whose case was heard en banc in March 2017 before the U.S. Court of Appeals for the Fourth Circuit. In July, the Fourth Circuit ruled against the Rowan County commissioners in a split 10-5 vote. First Liberty is currently considering an appeal of the Rowan County decision to the U.S. Supreme Court.

To learn more, visit FirstLiberty.org/Jackson.

About First Liberty Institute 
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.

 

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SOURCE First Liberty Institute

Sanford Heisler Sharp Asks Federal Court To Compel Oracle To Arbitrate Wage Claims

In a twist, Plaintiffs Seek and Defendant Opposes Arbitration in case Alleging Oracle's Debt Servitude and Forced Labor

SAN FRANCISCO, Sept. 6, 2017 /PRNewswire/ -- Attorneys at Sanford Heisler Sharp, LLP today filed a petition in U.S. District Court for the Northern District of California to compel Oracle America, Inc., ("Oracle") to proceed with arbitration on all wage claims against the company.  

Attorneys for lead plaintiff, Marcella Johnson, and the proposed class of other sales representatives who were shorted on commission wages are David Sanford, Chairman and co-founder of Sanford Heisler Sharp, Michael Palmer, and Andrew Melzer co-chairs of the firm's wage and hour practice, associate Danielle Fuschetti and Xinying Valerian, founder of Valerian Law in Oakland, CA.

"Oracle has violated California wage and hour laws by retroactively changing commission plans," said Sanford.  "Although Oracle forced a mandatory arbitration agreement on Ms. Johnson – giving her zero say in the matter – it has flatly refused to participate in arbitration and has actively obstructed the arbitration process."

The Petition asserts Oracle has refused to pay its share of the arbitration fee or participate in the selection of an arbitrator.

Johnson filed her original lawsuit as a class action in mid-February in the same federal court, after which Oracle produced her signed mandatory arbitration agreement.  Although she subsequently dismissed the federal suit and filed an arbitration demand with JAMS-San Francisco, as required by the arbitration agreement, the company contends its relationship with Johnson is governed by a second arbitration agreement that prohibits class arbitration.

"Oracle has no legal basis for stonewalling the arbitration process," said Palmer. "Pursuant to the mandatory arbitration agreement, Ms. Johnson filed this employment dispute with JAMS.  There is no question that this dispute should now be arbitrated, including the issue of whether class-based arbitration procedures are available."

The Sanford Heisler Sharp team argues class action arbitration procedures are available under both versions of Oracle's arbitration agreement, because the Ninth Circuit's 2016 ruling in Morris v. Ernst & Young makes the class action ban in the company's second arbitration agreement void and unenforceable.  

"Oracle is unnecessarily delaying arbitration and bogging down the court system and arbitral forum with its inaction, hoping Morris will be overturned," said Melzer.  "This behavior is unfair to our courageous lead plaintiff, Ms. Johnson, and to other members of the class, who have been suffering from Oracle's compensation policies. 

About Sanford Heisler Sharp, LLP

Sanford Heisler Sharp, LLP is a public interest class-action litigation law firm with offices in New York, Washington, D.C, Nashville, San Francisco and San Diego.  Our attorneys have graduated from the nation's top law schools, clerked for judges throughout the United States, and amassed extensive experience litigating cases that have earned over one billion dollars for our clients.

The Firm specializes in civil rights and general public interest cases, representing plaintiffs with employment discrimination, labor and wage violations, predatory lending, whistleblower, consumer fraud, and other claims. Along with a focus on class actions, the firm also represents individuals and has achieved particular success in the representation of executives and attorneys in employment disputes. For more information go to http://www.sanfordheisler.com/ or call 202 499-5200 or email dsanford@sanfordheisler.com. For the latest news visit our newsroom or follow us on Twitter at @sanfordheisler

For more information, contact Jamie Moss, newsPRos, 201-788-0142, jamie@newspros.com

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SOURCE Sanford Heisler Sharp, LLP

Berg & Androphy: $46.5M Settlement in False Claims Act Case Over Alleged Illegal Marketing of Novo Nordisk Diabetes Drug Victoza

HOUSTON, Sept. 6, 2017 /PRNewswire/ -- Joel M. Androphy and Sarah M. Frazier of the Berg & Androphy law firm, along with the U.S. Department of Justice (DOJ) and 50 state Medicaid programs plus the District of Columbia and the City of Chicago, have reached settlements in False Claims Act (FCA) litigation against Novo Nordisk and their subsidiaries.

Their case, filed on behalf of the U.S. government by the first of multiple whistleblowers to bring suit on similar allegations, charged that Novo Nordisk illegally marketed Victoza and profited from its alleged deception through fraudulently garnered reimbursement from Medicare Part D and Medicaid. The Food and Drug Administration (FDA) approved Victoza in January of 2010 for the adjunct treatment of Type 2 diabetes. It carries a so-called black box warning concerning the risk of medullary thyroid cancer.

The settlement encompasses allegations that upon product launch, Novo Nordisk downplayed Victoza's risk of causing medullary thyroid cancer, creating a false or misleading impression with physicians that the Risk Evaluation and Mitigation Strategies (REMS) safety warning that had been mandated by the FDA was erroneous, irrelevant, or unimportant. The settlement encompasses the further allegations that Novo Nordisk encouraged the sale and use of Victoza by adult patients who did not have Type 2 diabetes.

In resolving its liability, Novo Nordisk agreed to pay the United States and the States a total sum of $46.5 million for the release of False Claims Act claims covering the conduct alleged by the suits against the company. Novo Nordisk has also agreed to pay $12.15 million to settle alleged violations of the Federal Food, Drug, and Cosmetic Act (FDCA).

Ms. Frazier noted, "REMS programs are meant to keep patients safe by ensuring that physicians have full and accurate information about important safety risks. This is a groundbreaking settlement because it makes clear that the False Claims Act is violated when pharmaceutical manufacturers undermine a REMS program and misbrand a drug by downplaying the risk of adverse effects."

The settlement provides a grave warning to drug companies that this conduct is not only illegal but will be pursued by with vigor by the Department of Justice and concerned whistleblowers alike. Berg & Androphy is proud to represent the whistleblower that first came forward at great personal risk in 2010 to bring this conduct to light.

The case is United States of America v. Novo A/S, et al., No. 13-1529 in the United States District Court for the District of Columbia.

About Berg & Androphy

Berg & Androphy, based in Houston, Texas, with offices in New York, and by appointment in Washington, D.C., Denver, and Miami, has a nationwide qui tam practice representing whistleblowers in many large fraud cases, including health care, real estate, financial fraud, and defense contractor fraud cases. The lawyers at Berg & Androphy are trial lawyers who are currently litigating numerous qui tam lawsuits without government intervention. Joel Androphy and Sarah Frazier supervise a team of trial lawyers in this practice area.

Contact: Sarah Frazier, Berg & Androphy, 713.529.5622.

 

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SOURCE Berg & Androphy

Gimme Vending Obtains Permanent Injunction Against Synectic Software Solutions, Inc.

Request for Permanent Injunction Prohibiting Synectic from Manufacturing, Using, Selling or Offering Gimme's Technology Granted

ATLANTA, Sept. 6 , 2017 /PRNewswire/ -- Gimme Vending, maker of innovative unattended retail technology that provides vending executives with sales, cash, inventory and service data, today announced that the United States District Court for the District of Massachusetts granted Gimme's request for a permanent injunction prohibiting Synectic Software Solutions, Inc. from manufacturing, using, selling or offering any products that include Gimme's proprietary technology including versions of the VendSys Mobile X App.

Gimme Vending sued Massachusetts-based Synectic which provides software under the name VendSys, for breach of contract and a variety of business torts alleging improper behavior in connection with a failed joint venture. 

In connection with granting the injunction, the Court stated "Synectic has converted materials that are owned by Gimme to its own use. The demand for return and expungement was sufficiently clear and the lack of right to these materials on the part of Synectic, once the joint venture had, as a functional matter, sputtered out, is sufficiently clear that those materials should have been returned accordingly."

After a two day trial, the Court found that Synectic had converted proprietary information owned by Gimme for its own use and specifically had included portions of Gimme's proprietary software in versions of the VendSys Mobile X App.

As a result, the Court entered a permanent injunction that requires Synectic to: (1) return any Gimme Keys in their possession; (2) expunge from their computer systems and products, including certain versions of the VendSys Mobile X App, any of Gimme's proprietary software; and (3) provide notice to anyone who downloaded or who offers certain versions of the VendSys Mobile X App that they contain Gimme's proprietary information and that such versions may not be further downloaded or used.   

"We are very pleased with the Court's decision that recognizes Gimme Vending is entitled to an injunction," said Cory Hewett, CEO and co-founder of Gimme Vending.  "This validates our right to protect the unique intellectual property we have worked so hard to develop. It is deeply disappointing we had to defend ourselves in this way. It is our shared responsibility to work together for the mutual benefit of the customers we serve, especially in a niche market like ours. There is plenty of room for partnerships, alliances, and certainly even productive rivalries. There should be no need for Gimme to have to resort to court action to protect its proprietary information." 

About Gimme Vending
Gimme makes unattended retail a reality. The company builds award-winning mobility and tracking tools to manage unmanned retail locations, like vending machines and micro-markets, helping their customers increase productivity and profitability. Currently, Gimme builds hardware and software for vending companies. Gimme's award-winning, and copyrighted, and patented plug-and-play solution replaces legacy handhelds to deliver valuable data, like purchasing patterns, and provide operators with better cash accountability, inventory tracking, and machine status data. This translates into fewer stock-outs, faster warehousing and restocking, and streamlined product planning. Gimme's technology scores each point-of-sale in the network based on the suitability of inventory to consumers on location and helps track what's happening in the field, where the cash and inventory are, all in real time, without end-of-day downloading, synchronizing, or hand-keying. For more information, visit www.vending.ai or connect with Gimme on Twitter.

Contact: 
Paulette Brown
Carabiner Communications
+1 770.577.3881
Pbrown@carabinercomms.com

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