Westlaw Journals weekly round-up

May 14, 2014

Westlaw Journals Weekly RoundupHighlights from the past week’s litigation headlines over at the Westlaw Journals blog include stories about a class-action firm filing an appeal in suit over SmuckerLawsuit.com, a revived suit over an Iraq veteran’s treatment at VA clinics, bankrupt phone operators accused of a pyramid scheme, and Wall Street and SEC chief respond to ‘Flash Boys’ book:

Class-action law firm files appeal in suit over SmuckerLawsuit.com: A law firm has argued to a federal appeals court that it does not have to defend against J.M. Smucker Co.’s claims of deceptive advertising, trademark infringement and cybersquatting over a website it created about class-action lawsuits it filed against the jelly maker. According to the 6th U.S. Circuit Court of Appeals brief filed April 4, an Ohio federal judge should have dismissed the food company’s “retaliatory” suit, which alleges that the Weston Firm’s website misuses Smucker’s trademarks and falsely advertises its products. (Computer & Internet)

6th Circuit revives suit over Iraq veteran’s treatment at VA clinics: A trial judge erred when he dismissed a wrongful-death suit against the federal government by an Iraq veteran’s widow who blamed her husband’s suicide on two VA clinics that allegedly turned him away for insufficient documentation, a federal appeals court has decided. In a unanimous April 18 opinion, a three-judge panel of the 6th U.S. Circuit Court of Appeals reversed a 2013 ruling by the U.S. District Court for the Eastern District of Kentucky, which dismissed Tiffany Anestis’ suit last June on jurisdictional grounds, citing the Veterans Judicial Review Act. (Medical Malpractice)

Bankrupt phone service providers accused of running pyramid scheme: Two bankrupt operators of a marketing company that sells telephone service based on “voice over Internet” technology have been hit with an investor class action that claims the operation really was a pyramid scheme that mainly targeted the Brazilian community in Massachusetts. The purported class action filed April 24 closely follows a Securities and Exchange Commission complaint filed in Massachusetts federal court April 15 against TelexFree Inc., TelexFree LLC and a number of individual defendants. (Bankruptcy)

Wall Street and SEC chief respond to ‘Flash Boys’ book: Securities and Exchange Commission chief Mary Jo White told Congress on April 29 that high-frequency trading is not harming investors or impairing the integrity of financial markets. “The markets are not rigged,” she said at a meeting of the U.S. House of Representatives Committee on Financial Services, according to recorded testimony available on the committee’s website. (Derivatives)