Consent Decrees

News & Analysis as of

Mortgage Lead Generator Will Pay $500,000 to Settle FTC Charges about False Ads

On September 12, a mortgage refinancing lead generator, Intermundo Media, LLC (doing business as Delta Prime Refinance), agreed to pay a $500,000 civil penalty, among other things, to settle the FTC’s allegations that the...more

Izza Bending Tube & Wire Resolves EEOC Retaliation Lawsuit

Employee Was Demoted and Then Fired When She Refused to Discriminate Against African-American Employee, Federal Agency Charged - MINNEAPOLIS - A Buffalo, Minn., metal services company will pay $45,000 under a...more

Wells Fargo Settles EEOC Same-sex Sexual Harassment Lawsuit for $290,000

Bank Will Pay Four Females Who Alleged Female Manager Sexualized Workplace - RENO, Nev. - Wells Fargo Bank, N.A. will pay $290,000 to four female bank tellers and furnish other relief to settle a sexual harassment...more

O’Reilly Automotive Consents to Early Entry of Decree Resolving EEOC Sexual Harassment Suit

Male Employee Was Physically Groped and Verbally Harassed by Female Manager, Federal Agency Charged - CHICAGO - O'Reilly Automotive Stores, Inc., a national company with over 4,000 stores, will pay $35,000 under a...more

Second Annual Report Of The Independent Athletics Integrity Monitor Pursuant To The Athletics Integrity Agreement Among The...

In This Issue: - Introduction & Summary - The Monitor's Activity This Quarter - Observations As To Specific Areas - Other Events During The Reporting Period - Recommendations -...more

Judge Approves $2.4 Million EEOC Settlement with Four Hawaii Farms for over 500 Thai Farmworkers

Laborers Kept in Debt Bondage, Housed in Unsanitary Facilities, Threatened, and Denied Adequate Food and Water, Federal Agency Charged - LOS ANGELES - U.S. District Judge Leslie E. Kobayashi in Hawaii has approved...more

FCC Announces Record $7.4 Million Settlement for Failure to Provide CPNI “Opt-Out” Notices to Customers

On Tuesday, September 3, the FCC’s Enforcement Bureau announced that it had entered into a consent decree with Verizon, under which Verizon will pay $7.4 million to the U.S. Treasury for violating the FCC’s “Customer...more

The EEOC Hits Just Keep Coming!

Last week a federal judge in Hawaii imposed peculiar sanctions against the EEOC for the Commission’s unethical conduct in a class action. In EEOC v. Global Horizons, Inc. et al., No. 1:11-cv-00257-LEK-RLP (D. HI. filed August...more

CERCLA’s Three Year Statute of Limitations for Contribution Applies To Non-CERCLA Settlements

Parties which settle environmental liability in a judicially approved settlement have three years from the date of that settlement in which to seek contribution even if the settlement is not a CERCLA settlement. That is the...more

Massachusetts Enforces Data Security Regulations Against Out-of-State Entity

On July 23, 2014, the Massachusetts Attorney General announced a consent judgment with an out-of-state Rhode Island hospital, Women & Infants Hospital of Rhode Island (“WIH” or the “Hospital”), resolving a lawsuit against WIH...more

SDNY Judge Approves RMBS Consent Judgment But Questions Second Circuit’s Standard For Reviewing Agency Consent Judgments

On August 5, U.S. District Court for the Southern District of New York Judge Jed Rakoff approved a consent judgment between the SEC and a financial institution to resolve allegations that the institution violated securities...more

Food Rite Community Supermarket Settles EEOC Sex Discrimination Lawsuit

Richmond Store Denied Qualified Female Applicant Van Driver Job, Lawsuit Charged - RICHMOND, Va. - Lee's Food Corp., doing business as Food Rite Community Super­market, will pay $10,500 and provide other relief to ...more

MPW Industrial Services Will Pay $37,500 to Settle EEOC Disability Discrimination Lawsuit

Company Fired Laborer Because of Back Impairment, Federal Agency Charged - PITTSBURGH -- MPW Industrial Services Inc., a provider of industrial cleaning, facility management and labor support services, will pay $37,500...more

How Much Deference Do States Get in Entering CERCLA Consent Decrees? Probably A Lot, But Perhaps Not As Much as You Thought

In Cannons Engineering, the First Circuit Court of Appeals famously stated that, when CERCLA consent decrees arrive at the courts of appeal for review, they do so “encased in a double layer of swaddling,” because both the EPA...more

Turner Machine Company Settles EEOC Retaliation Lawsuit for $80,000

Manufacturer Fired Engineer After He Filed a Discrimination Charge, Federal Agency Charged - NASHVILLE, Tenn. - Turner Machine Company will pay $80,000 and furnish other significant equitable relief to resolve a...more

Highmark and UPMC Consent Decree

Highmark and UPMC took a major step toward resolving network participation issues June 27, 2014, by executing a Consent Decree with the Commonwealth of Pennsylvania Departments of Insurance and Health. The Consent...more

Triple T Foods to Pay $30,000 to Settle EEOC Pregnancy Lawsuit

Federal Agency Alleged Pet Food Company Fired Lab Technician Due to Pregnancy - LITTLE ROCK, Ark. - Triple T Foods, an Arkansas pet food processor, will pay $30,000 to a former employee and furnish other relief to...more

Court Recommends Supervalu/Jewel-Osco Be Held in Contempt for Violations of EEOC Consent Decree in Disability Case

Federal Agency Obtains Relief for Three Jewel Employees Denied Accommodation, Court Calls for Extension of Decree and Appointment of Special Master - CHICAGO - Federal Magistrate Judge Michael Mason has entered a...more

Second Circuit Overturns District Court’s Rejection of SEC-Citigroup Fraud Settlement

In a closely-watched decision involving judicial review of agency settlements, the Unites States Court of Appeals for the Second Circuit vacated United States District Court Judge Jed Rakoff’s 2011 order rejecting a proposed...more

The Second Circuit And The Separation Of Powers: Limiting Judicial Scrutiny Of SEC Settlements

On June 4, 2014, a three-judge panel of the Second Circuit Court of Appeals vacated a widely publicized 2011 decision by U.S. District Judge Jed Rakoff, which rejected a settlement between the U.S. Securities and Exchange...more

America's Largest Drug Store Chain to Pay $180,000 to Settle EEOC Disability Discrimination Suit

South San Francisco Walgreens Fired Longtime Employee With Diabetes Over a $1.39 Bag of Chips, Federal Agency Charged - SAN FRANCISCO - Drugstore giant Walgreens has agreed to pay $180,000 to a longtime employee with...more

Princeton Healthcare Pays $1.35 Million to Settle Disability Discrimination Suit with EEOC

Hospital Fired Employees After 12 Weeks of Leave, Federal Agency Says - TRENTON, N.J. --- Princeton HealthCare System (PHCS), which operates an inpatient hospital and several outpatient medical facilities, will pay...more

Patience is a Virtue: District Court Suggests that the SEC “Wait and See” Before Seeking Certain No-Admit, No-Deny Settlements

On June 18, 2014, Judge Victor Marrero of the U.S. District Court for the Southern District of New York approved the SEC’s no-admit, no-deny consent decrees in its insider trading case against CR Intrinsic Investors, LLC and...more

State Farm’s Relentless Pursuit to Deny Coverage for TCPA Cases

As policyholder lawyers, one can usually count on a few basic mistakes that insurers will make. First, they wrongfully deny coverage and fail to defend. They abandon their insured who is then left to its own devices to...more

Beyond Truth, and Toward Repose: Price Increases Following “Merger to Monopoly” Do Not Rekindle Statute of Limitations

Z Technologies Corp. v. Lubrizol Corp., No. 2:12-cv-12206 (6th Cir., May 23, 2014). In February, 2007, Lubrizol Corporation made a “merger to monopoly” acquisition of the assets of a competitor. The acquisition...more

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