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Showing posts with label Racketeer Influenced and Corrupt Organizations Act. Show all posts
Showing posts with label Racketeer Influenced and Corrupt Organizations Act. Show all posts

Thursday, January 16, 2014

Deal reached on tobacco firm corrective statements

Today's post was shared by FairWarning and comes from www.washingtonpost.com

RICHMOND — The nation’s tobacco companies and the federal government have reached an agreement on publishing corrective statements that say the companies lied about the dangers of smoking and requires them to disclose smoking’s health effects, including the death on average of 1,200 people a day.
The agreement, filed Friday in U.S. District Court in Washington, follows a 2012 ruling ordering the industry to pay for corrective statements in various advertisements. The judge in the case ordered the parties to meet to discuss how to implement the statements, including whether they would be put in inserts with cigarette packs and on Web sites, TV and newspaper ads.
The court must approve the agreement, and the parties are discussing whether retailers will be required to post large displays with the industry’s admissions.
The corrective statements are part of a case that the government brought in 1999 under the Racketeer Influenced and Corrupt Organizations Act. U.S. District Judge Gladys Kessler ruled in that case in 2006 that the nation’s largest cigarette makers concealed the dangers of smoking for decades. The companies involved in the case include Richmond-based Altria Group, owner of the biggest U.S. tobacco company, Philip Morris USA; No. 2 cigarette maker, R.J. Reynolds Tobacco, owned by Winston-Salem, N.C.-based Reynolds American; and No. 3 cigarette maker Lorillard, based in Greensboro, N.C.
Under the agreement with the Justice Department,...
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Tuesday, May 10, 2011

Concentra Denied a Protective Order in Wal-Mart RICO Lawsuit

Concentra was denied a protective order in a pending Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961, et seq. claim filed in Federal Court in Colorado. The plaintiffs allege that Wal-Mart withheld, delayed, denied and dictated treatment to Wal-Mart workers who filed workers' compensation claim.


In the case, Concentra, a health care company, sought to prohibit plaintiff's attorneys from contacting any Concentra Medical Staff member, former or current, on an ex-parte basis. The Court denied the request.

Gianzero v. Wal-Mart Stores, Inc., 2011 WL 1740624 (D. Colo. 2011) Decided May 5, 2011.

Saturday, October 9, 2010

RICO Case Dismissed By Trial Court After US Supreme Court Decision

A Federal District Court in Michigan has dismissed a RICO [Racketeer Influenced and Corrupt Organizations Act] claim against Cassens Transportation Company and several other defendants. This is the third time the case was negatively reviewed by the US District Court in Michigan and follows a landmark decision in the US Supreme Court supporting the RICO action that flowed from an underlying  by a workers' compensation action.

"The Court concludes that Plaintiffs' exclusive remedy for their claim that they were fraudulently denied benefits under the WDCA [Workers' Disability Compensation Act] lies within the exclusive administrative scheme set forth in the WDCA which forcloses their RICO claim."

Brown v Cassens Transportation Company, et al. No. 04-cv-72316, 2010 WL 3842373, Decided Sept. 27, 2010.

Click here to read more about RICO claims and workers' compensation.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.