Content about Judge

January 17, 2014

The National Retail Federation (NRF) has asked an appeals court to uphold a judge’s ruling that the Federal Reserve set its cap on debit card swipe fees far higher than intended by Congress and that the cap needs to be recalculated at a lower level.

Washington, D.C. - The National Retail Federation (NRF) has asked an appeals court to uphold a judge’s ruling that the Federal Reserve set its cap on debit card swipe fees far higher than intended by Congress and that the cap needs to be recalculated at a lower level.

September 26, 2013

DeMoulas Supermarkets Inc., operator of the Market Basket supermarket chain, has reportedly been allowed by a judge in Suffolk Superior Court in Massachusetts to continue making a $300 million payout to shareholders.

Tewksbury, Mass. – DeMoulas Supermarkets Inc., operator of the Market Basket supermarket chain, has reportedly been allowed by a judge in Suffolk Superior Court in Massachusetts to continue making a $300 million payout to shareholders.

According to the Boston Globe, Judge Judith Fabricant denied a motion by Arthur T. DeMoulas, president of DeMoulas Supermarkets, to stop the payout, which had been approved by a majority of the company’s board of directors. All nine shareholders receiving the payout are members of the DeMoulas family.

September 17, 2013

Legal wrangling about J.C. Penney Co. selling Martha Stewart-branded home goods is reportedly continuing.

Plano, Texas -- Legal wrangling about J.C. Penney Co. selling Martha Stewart-branded home goods is reportedly continuing. According to The Motley Fool, a hearing has been scheduled for Sept. 25 to review allegations in the New York Post that J.C. Penney plans to terminate its contract with Martha Stewart Living.

September 11, 2013

A case on the California Supreme Court’s docket questions whether or not a common law duty requires retailers to have automated external defibrillators (AEDs) ready to use in stores to treat sudden cardiac arrest, which strikes about 380,000 Americans each year and is the leading cause of death in the U.S.

By Greg Slusser, greg@defibtech.com

A case on the California Supreme Court’s docket questions whether or not a common law duty requires retailers to have automated external defibrillators (AEDs) ready to use in stores to treat sudden cardiac arrest, which strikes about 380,000 Americans each year and is the leading cause of death in the U.S.

August 19, 2013

A federal judge in Denver gave Hollister Co. until Jan. 1, 2017, to modify its store entrances to make them wheelchair accessible, according to an advocacy group for the disabled, at a rate of 77 stores per year, the Associated Press reported.

New York -- A federal judge in Denver gave Hollister Co. until Jan. 1, 2017, to modify its store entrances to make them wheelchair accessible, according to an advocacy group for the disabled, at a rate of 77 stores per year, the Associated Press reported.  

The entrances of some Hollister locations are designed to resemble a front porch, complete with steps. 

August 5, 2013

Judge Charles R. Breyer of the U.S. District Court for the Northern District of California has ruled against a request by plaintiffs in a gender discrimination suit against Wal-Mart who were seeking certification of a class-action suit against the mass merchandise giant.

Bentonville, Ark. -- Judge Charles R. Breyer of the U.S. District Court for the Northern District of California has ruled against a request by plaintiffs in a gender discrimination suit against Wal-Mart who were seeking certification of a class-action suit against the mass merchandise giant. Referring to a 2012 Supreme Court decision about limitations on class-action suits, Breyer ruled that the individual situations of the plaintiffs are too different to be grouped into a single class-action suit.

May 22, 2013

A federal judge in Denver is considering an injunction after ruling that nearly 250 Abercrombie & Fitch stores, including its namesake and Hollister banners, are unfriendly to the disabled, the Associated Press reported.

Denver -- A federal judge in Denver is considering an injunction after ruling that nearly 250 Abercrombie & Fitch stores, including its namesake and Hollister banners, are unfriendly to the disabled, the Associated Press reported.

The judge agreed in March with the Colorado Cross-Disability Coalition that the stores limited access for wheelchair-bound customers.  He said the only option under the Americans With Disabilities Act is an injunction ordering the problems to be fixed, the report said.

May 10, 2013

Big M, owner of the Mandee, Annie Sez and Afaze apparel chains, will be sold to YM Inc., Toronto, in a $22.5 million deal expected to be approved by a bankruptcy judge next week, The Record reported.

New York -- Big M, owner of the Mandee, Annie Sez and Afaze apparel chains, will be sold to YM Inc., Toronto, in a $22.5 million deal expected to be approved by a bankruptcy judge next week, The Record reported.
 
YM operates more than 600 young women’s specialty stores under a variety of banners, including Stitches, Urban Planet, Bluenotes, Siblings, and Sirens.   

April 18, 2013

A New York judge on Thursday rejected a request by Macy's to block J.C. Penney from selling Martha Stewart goods under the "JCP Everyday" label for now, while it appeals a ruling allowing the sale.

New York -- A New York judge on Thursday rejected a request by Macy's to block J.C. Penney from selling Martha Stewart goods under the "JCP Everyday" label for now, while it appeals a ruling allowing the sale. An order temporarily barring Martha Stewart from selling goods branded with her name at J.C. Penney's is still in place.

April 17, 2013

The latest round in the battle between Macy’s and J.C. Penney over the sale of Martha Stewart goods went to Macy’s, which on Monday challenged a judge’s decision on Friday to allow certain non-branded Martha Steward items to be sold — at least temporarily — in J.C. Penney stores under the JCP Everyday label.

New York -- The latest round in the battle between Macy’s and J.C. Penney over the sale of Martha Stewart goods went to Macy’s, which on Monday challenged a judge’s decision on Friday to allow certain non-branded Martha Steward items to be sold — at least temporarily — in J.C. Penney stores under the JCP Everyday label.

April 16, 2013

Macy’s Inc. filed an appeal on Monday, challenging Manhattan state court judge Jeffrey Oing’s Friday ruling that J.C. Penney can sell unbranded Martha Stewart goods in its stores, at least temporarily.

New York -- Macy’s Inc. filed an appeal on Monday, challenging Manhattan state court judge Jeffrey Oing’s Friday ruling that J.C. Penney can sell unbranded Martha Stewart goods in its stores, at least temporarily.

Penney was celebrating the decision that would allow it to sell Martha Stewart items as long as they didn’t carry her name, especially since the products – valued by one analyst at $100 million -- were already manufactured and being stored in warehouses. 

April 14, 2013

A New York State Supreme Court Judge ruled on Friday that J.C. Penney’s could temporarily sell certain housewares products from Martha Stewart Living in Penney stores.

New York -- A New York State Supreme Court Judge ruled on Friday that J.C. Penney’s could temporarily sell certain housewares products from Martha Stewart Living in Penney stores. The ruling allows Penney to sell the product under the “JCP Everyday” label until a final decision comes at the end of the trial.

April 11, 2013

New York State Supreme Court Justice Jeffrey Oing on Thursday refused to dismiss Macy's Inc's claim that Martha Stewart Living Omnimedia violated its contract when it designed certain merchandise for J.C. Penney Co., regardless of whether the items carry the Martha Stewart brand.

New York -- New York State Supreme Court Justice Jeffrey Oing on Thursday refused to dismiss Macy's Inc's claim that Martha Stewart Living Omnimedia violated its contract when it designed certain merchandise for J.C. Penney Co., regardless of whether the items carry the Martha Stewart brand.

March 8, 2013

After nearly three weeks of testimony, a New York State Supreme Court Judge ordered Macy's, J.C. Penney Co. and Martha Stewart Living Omnimedia into mediation to try and reach a settlement in their contract dispute trial.

New York -- After nearly three weeks of testimony, a New York State Supreme Court Judge ordered Macy's, J.C. Penney Co. and Martha Stewart Living Omnimedia into mediation to try and reach a settlement in their contract dispute trial.
 
If the three companies do not reach an agreement before April 8, the judge will resume hearing the case.
 
In another development in the ongoing dispute, Penney agreed not to sell certain Martha Stewart-designed goods (products deemed exclusive to Macy’s) until at least April 8.

February 20, 2013

A federal judge in Nashville said that Wal-Mart Stores’ female employees in Tennessee and four other southern states cannot pursue sex-discrimination claims against Wal-Mart through a class action lawsuit.

Nashville -- A federal judge in Nashville said Wednesday that Wal-Mart Stores’ female employees in Tennessee and four other southern states cannot pursue sex-discrimination claims against Wal-Mart through a class action lawsuit. The class action is denied because it was filed too late.

According to U.S. District Judge Aleta Trauger, the class claims are “time-barred,” citing a 1988 decision by the federal appeals court in Cincinnati in a separate case, known as Andrews v. Orr, which blocks the women from joining a new class action.

February 5, 2013

J.C. Penney Co. filed a lawsuit asking a Delaware judge to declare that it is not in a default of its bond agreements, protecting nearly $3 billion of debt from being due in the coming months, Reuters reported.

New York -- J.C. Penney Co. filed a lawsuit on Monday asking a Delaware judge to declare that it is not in a default of its bond agreements, protecting nearly $3 billion of debt from being due in the coming months, Reuters reported.

According to the report, J.C. Penney received a letter earlier on Monday from the Brown Rudnick law firm that said J.C. Penney had breached a covenant of a bond indenture agreement by granting a lien on its inventory. J.C. Penney filed the lawsuit after receiving the letter.     

November 9, 2012

The National Retail Federation said it will explore all legal options following a judge’s preliminary approval of a proposed class-action settlement of an antitrust lawsuit over the $30 billion a year in credit card swipe fees charged by Visa and MasterCard.

Washington -- The National Retail Federation on Friday said it will explore all legal options following a judge’s preliminary approval of a proposed class-action settlement of an antitrust lawsuit over the $30 billion a year in credit card swipe fees charged by Visa and MasterCard.

November 9, 2012

Lawyers representing the National Retail Federation and many of the nation’s most prominent retail companies are set to appear in court today to ask a federal judge to reject a proposed class-action settlement of an antitrust lawsuit over the $30 billion a year in credit card swipe fees charged by Visa and MasterCard.



Washington -- Lawyers representing the National Retail Federation and many of the nation’s most prominent retail companies are set to appear in court today to ask a federal judge to reject a proposed class-action settlement of an antitrust lawsuit over the $30 billion a year in credit card swipe fees charged by Visa and MasterCard.



November 1, 2012

The National Retail Federation and more than a dozen of the nation’s most prominent retailers today asked a judge to reject a proposed class-action settlement of a federal antitrust lawsuit, saying it would not bring credit card swipe fees charged by Visa and MasterCard under control and does not give retailers who oppose it an adequate mechanism to opt out.

Washington -- The National Retail Federation and more than a dozen of the nation’s most prominent retailers today asked a judge to reject a proposed class-action settlement of a federal antitrust lawsuit, saying it would not bring credit card swipe fees charged by Visa and MasterCard under control and does not give retailers who oppose it an adequate mechanism to opt out.

October 17, 2012

Wal-Mart Stores Inc. will not face class-action gender-discrimination claims in a federal court lawsuit in Texas, Bloomberg reported.

New York -- Wal-Mart Stores Inc. will not face class-action gender-discrimination claims in a federal court lawsuit in Texas, Bloomberg reported. U.S District Judge Reed O’Connor has dismissed the Texas class complaint, finding that the lawsuit was filed too late.

The suit, which alleged the retailer discriminated against women in pay and promotions in the company’s Texas region, sought to represent all women hourly and salaried workers, below store managers, employed by Wal-Mart and Sam’s Club in the region.

October 11, 2012

A San Diego judge ordered Rite Aid Corp. and its California subsidiary Thrifty PayLess Inc. to pay $800,000 to settle a complaint alleging false advertising, the Associated Press reported.

New York -- A San Diego judge ordered Rite Aid Corp. and its California subsidiary Thrifty PayLess Inc. to pay $800,000 to settle a complaint alleging false advertising, the Associated Press reported.

Prosecutors claimed Rite Aid led consumers to believe they would pay less for items bought using the company's Wellness Card, the report said. However, they were given a coupon and told it was for a future purchase that would expire and was subject to other restrictions.

September 26, 2012

A U.S. judge in San Francisco has certified a class-action lawsuit against Costco Wholesale Corp. that involved allegations of gender discrimination in the store's promotion practices.

New York -- A U.S. judge in San Francisco has certified a class-action lawsuit against Costco Wholesale Corp. that involved allegations of gender discrimination in the store's promotion practices.

“Costco offers numerous competing explanations for the observed gender disparity in promotions,” U.S. District Judge Edward Chen said in the ruling, Bloomberg reported. “None of these explanations undermine the companywide nature of the challenged policies and their disparate effects.”

September 21, 2012

The leaves haven’t even turned yet in my part of the country, but the holiday onslaught is already well under way. Specifically, the annual deluge of forecasts and predictions as retail consultants, analysts, economists and others try to read the tea leaves with regards to the upcoming holiday season.

July 16, 2012

A judge in Delaware denied requests from the California State Teachers Retirement System and a group of New York City pension funds to seek appointments of lead plaintiff and lead counsel in a consolidated shareholder lawsuit over allegations of bribery involving Wal-Mart Stores’ operations in Mexico, the Associated Press reported.

New York -- A judge in Delaware on Monday denied requests from the California State Teachers Retirement System and a group of New York City pension funds to seek appointments of lead plaintiff and lead counsel in a consolidated shareholder lawsuit over allegations of bribery involving Wal-Mart Stores’ operations in Mexico, the Associated Press reported.

June 11, 2012

A report by Reuters said that U.S. District Judge Charles Breyer said he was "seriously concerned" about whether the female plaintiffs suing Wal-Mart Stores have sufficient evidence to proceed with their re-filed gender discrimination lawsuit.

San Francisco -- A report by Reuters said that U.S. District Judge Charles Breyer on Friday said he was "seriously concerned" about whether the female plaintiffs suing Wal-Mart Stores have sufficient evidence to proceed with their re-filed gender discrimination lawsuit.