NEW YORK (CN) - The maker of Gatorade says rival Coca-Cola's ad campaign for Powerade ION4 constitutes false advertising. The campaign -- launched nationwide on ESPN Magazine, on billboards and over the Internet -- claims that Gatorade is "INCOMPLETE" and "MISSING" the "critical" electrolytes magnesium and calcium.
LOS ANGELES (CN) - A federal class action claims eHarmony, a dating service, claimed to have a "scientifically proven system" to match customers with appropriate partners, but has no such system, and hooked them up with scam artists.
Apparently planning ahead is a bad idea.
Five years ago, the State Bar of California booked a hotel for this year's convention in San Diego. Four years later, one of the owners of the hotel contributed $125,000 to support the ballot measure banning gay marriage in California.
As many of you know, all heck has broken out over this. A bunch of lawyers and lawyer groups want to boycott the hotel even though the company that manages the place, Hyatt Hotels & Resorts, has said it likes gay people just fine.
There's been so much angst generated by the prospect of setting back gay rights by setting foot in the wrong luxury hotel that the Bar was compelled to issue a statement explaining why it couldn't back out of the deal.
This is the part of this tale that I like the best - the hotel contract has a liquidated damages clause that says the Bar has to pay $425,000 if it backs out on the deal and this is a contract drafted for an association of lawyers.
I'm thinking that maybe whoever OK'd that deal five years ago later took a job drafting employment agreements for AIG.
The Bar now says that paying that penalty would be an illegal political use of bar dues. For some reason, going to the hotel and spending money on rooms while ignoring the boycott demands is not political.
Semantics are so much fun.
Before I go any further with this, let me say that I voted against Prop. 8 (the anti gay marriage thing), so please don't boycott me. In fact, spend as much money on me as you like.
But I do have problems with the boycott concept.
First off, the boycotting seems to be headed up by an ironically-named organization called Californians Against Hate, a group that, well, seems pretty much obsessed with hating people. If they'd named themselves Californians For Hate, I might be more sympathetic. I respond better to truth in advertising.
If you look at the CAH website, you'll see that much of it is devoted to outing people who apparently had the odd notion that they had a right to an opinion and contributed to the Prop. 8 campaign.
Does this remind anyone else of Married With Children?
OK, I'm old and maybe my memory is playing tricks on me (as opposed to everyone else), but I seem to recall there were religious groups calling for a boycott of that TV show and its advertisers when it started out.
Naturally, the show thereafter was a big, long-running hit.
So boycotts can backfire and I have a feeling that this Prop. 8 hate/hysteria isn't changing too many hearts and minds.
Besides, there's an alternative that is so much better that I can't believe anyone is even thinking of a boycott.
Come on, gay people and gay people's friends, think about this. Is this misguided hotel owner really going to care if you don't appear on his property? He'll probably barely notice.
What will he notice?
Show up in droves.
Arrive holding hands.
Conduct (and widely advertise) seminars on tolerance and safe sex on the premises.
Hold some elaborate weddings in the ballroom. (Just because it's not a legal "marriage" doesn't mean you can't have the ceremony.)
Spend money on all these things.
You'll make an impression.
(CN) - The government's decision to designate the waters around a small Pacific island as a wildlife refuge did not violate the constitutional rights of commercial fishing companies, the Federal Circuit ruled.
MANHATTAN (CN) - George Grosz's son and daughter in law have sued the Museum of Modern Art, demanding return of three paintings - including "Republican Automatons" - which MOMA allegedly acquired after the Nazis drove Grosz from Germany and looted his works from his Jewish art dealer. "Grosz' work typified the 'degenerate art Hitler hated, [and] when Hitler came to power, Grosz was the first artist to be declared an 'enemy of the state,'" according to the federal complaint.
VANCOUVER, B.C. (CN) - Bolstered by a legal triumph in Canada, the publisher behind Adbusters Magazine and Buy Nothing Day is looking for U.S. lawyers for its legal team, to take on major broadcasters who have routinely denied attempts to buy airtime for its "social marketing television campaigns."
MANHATTAN (CN) - A New York attorney specializing in international estate planning "shamelessly looted" more than $15 million from five clients over a decade, according to a complaint in New York County Court. The complaint adds: "It is unclear whether [Winthrop Ross] Munyan planned his scheme from the outset or if he slithered into it as the opportunity arose."
PHOENIX (CN) - Arizona unconstitutionally swiped $13 million from medical regulatory boards and threw it into the general fund to try to balance the state's sick budget, more than a dozen groups of medical professionals say in Maricopa County Court. The money came from licensed medical workers, is not a tax, and the governor and Legislature have no right to divert it, the groups say.
ATLANTA (CN) - A Fulton County Superior Court judge will meet today with attorneys for oncologists and Blue Cross and Blue Shield of Georgia, which the doctors accuse of shortchanging them for cancer care. In the status conference, a timeline will be set for Northeast Georgia Cancer Care v. Blue Cross Blue Shield Healthcare Plan of Georgia, and plaintiffs will address their motion to compel discovery.
DURHAM, N.C. (CN) - Biscuitville, a regional restaurant chain, wants Breakfastville enjoined from using that name and a rolling pin in its logo, which Biscuitville says it has used since 1975. Biscuitville has a devoted following for its 52 outlets in Virginia and North Carolina.
ST. LOUIS (CN) - A man suspected of stealing an airplane in Canada and flying it to Missouri in hopes of committing "suicide by fighter plane" should stay in jail because he is a flight risk, federal prosecutors say. Adam Dylan Leon, 31, of Thunder Bay, Ontario, faces charges of interstate transportation of stolen property and illegally entering the United States, said assistant U.S. Attorney D. John Sauer, who seeking a grand jury indictment.
CHICAGO (CN) - The mother of Olympic gold medalist speed skater Shani Davis demands that Google remove from the Internet some insulting statements she says her son never made, but were posted by a man who has since died. Cherie Davis says the late Sean Healy falsely accused her son of calling the U.S. Speedskating Federation "white supremacists" and "neo-Nazi genetic mutations." Davis says her son - the first black athlete to win an Olympic gold medal in speed skating - never said any such thing, and Google refuses to remove the stuff from the Internet.
CHICAGO (CN) - American Escrow, and its officers Derek and Steven Lurie took property tax and insurance money from hundreds or thousands of homeowners but shut down without paying the money owed or giving refunds, a class action claims in Federal Court.
GREEN BAY, Wisc. (CN) - An ethanol plant in Oshkosh dumped more than 400 million gallons of polluting effluents into the Fox River and Lake Winnebago, environmentalists claim in Federal Court. Utica Energy is accused of dumping chlorine, phosphorus, oil and grease and other chemicals into public waters for more than 6 years, in violation of the Clean Water Act.
ST. PAUL (CN) - Minnesota violated environmental laws in approving construction of an oil pipeline from Canada across Minnesota to the U.S. Midwest, environmentalists claim in Ramsey County Court. The Minnesota Center for Environmental Advocacy says the proposed pipeline would carry crude oil extracted from coal tar, the "dirtiest" form of oil there is.
BIRMINGHAM, Ala. (CN) - York Police Chief David Rowry served an arrest warrant on a man as he ate at a Church's Chicken, and when the man asked why he was being arrested, Rowry shot him to death, the man's widow and four children claim in Federal Court. They say Rowry has been charged with manslaughter.
CLEARLAKE, Calif. (CN) - A Carle Continuation High School student repeatedly told administrators she was afraid a fellow student would kill her, but they took no action, and Gabrielle Varney did stab Heather Valdez to death after a quarrel on a school bus on July 5, 2008, Valdez's parents claim in Lake County Court. They sued Konocti Unified School District.
COEUR D'ALENE, Idaho (CN) - The U.S. Forest Service illegally authorized 2,137 acres of logging and 16 miles of road and trail construction and reconstruction in the Panhandle National Forest, The Lands Council says in Federal Court. The environmentalists challenge the May 21, 2008 "Fire Management Plan" aka the Bussel 484 Project for the St. Joe Ranger District in the Idaho Panhandle National Forest.
CHICAGO (CN) - A teacher at Lawrence Hall Youth Services, a 24-hour-a-day home for troubled children, took a minor student off campus, bought him alcohol and drugs and had sex and oral sex with him in her car four times a week, the young man's father claims in Cook County Court.
WASHINGTON (CN) - The SEC said today it has suspended trading in shares of VoIP Inc. for its failure to file required reports.
(CN) - The 8th Circuit reinstated a shareholder lawsuit accusing Ameriprise Financial of charging mutual funds higher advisory fees than it charged pension funds and other institutional clients.
(CN) - The 10th Circuit upheld an injunction barring Midwest Inventory Distribution from reselling Beltronics' radar detectors on eBay without the original serial numbers. The court said Midwest failed to show how its disclaimer and replacement warranty reduced consumer confusion.
(CN) - A security company must face a negligent hiring complaint after one of its employees raped a 14-year-old girl, the Washington Court of Appeals ruled.
(CN) - A California psychiatrist did not violate a duty of care to the survivors of a shooting perpetrated by one of his patients, a California appeals court ruled.
(CN) - PlanetSpace lost its bid to stop NASA from awarding contracts to competitors for resupply services for the International Space Station. The Federal Claims Court backed NASA's decision to override a mandatory stay on the contracts, which NASA deemed necessary due to "urgent and compelling circumstances that significantly affect interests of the United States."
WASHINGTON (CN) - Two fishermen have entered guilty pleas in the catch of striped bass from the Chesapeake Bay, where one caught more than 65,000 pounds beyond his limit.
(CN) - New York City had the authority to block a telecommunications company from operating pay phones on public property based on its ties to organized crime and its history of fraud, the 2nd Circuit ruled.
WASHINGTON (CN) - A 69-year-old physicist has been sentenced to four years in prison for passing to information to China on cryogenic fuel systems used in space launches, information likely to help the Chinese in developing their space launch site on the southern island of Hainan.
WASHINGTON (CN) - A Florida telecommunications company has plead guilty to bribing Honduras and Yemen officials to obtain lower interconnection rates. The company, eLandia, also agreed to pay a $2 million fine.
(CN) - Six former top executives of an Orange County, California based manufacturer of valves used in the nuclear power industry have been charegd with with bribing officials of foreign and state owned companies in an effort to secure contracts that brought over $46 million in profits.
WASHINGTON (CN) - Secretary of State Hillary Clinton weighed in on the current Somali pirate crisis, calling the pirates "nothing more than criminals" in the course of a wide-ranging declaration of mutual entente with the Australian government.
WASHINGTON (CN) - The National Marine Fisheries Service plans to provide money to eligible commercial lobster permit holders who were displaced by fishery closures from the establishment of the Papahanaumokukea Marine National Monument in the Northwestern Hawaiian Islands.
WASHINGTON (CN) - Online pharmacies no longer will be allowed to fill prescriptions for controlled substances without proof of at least one in-person evaluation between a patient and the prescribing doctor, according to new Drug Enforcement Agency regulations implementing the Ryan Haight Online Pharmacy Consumer Protection Act.
Click on the document icon for new federal regulations.
Click on the document icon for new federal regulations.
Churches might want to be more careful about protecting swooning parishioners after the Michigan Court of Appeals said a church was liable for the fall of a woman who was "slain in the spirit" during an altar call. more
WASHINGTON (CN) - Pressing the case for construction spending as a way to get the economy moving again, President Barack Obama said Monday that projects to rebuild roads and bridges are coming in cheaper and faster than expected. "Projects are consistently coming in under budget" said Obama.
Rockway Press, of New Mexico, owes royalties and an accounting for her novel, "Chasing the Ferryman," Eleanor Horner claims in Pima County Court, Tucson.
Olympic medalist Aaron Peirsol says G.S. Marketing Group, Adolph Kiefer & Associates and Blue Seventy USA used his likeness without consent to push swimming products, in Orange County Court, Calif.
The Rios Sisters say Micmac Records and Metropolitan Records owe them royalties, in a $1 million demand in New York County Court.
Pervasive sexual harassment from Michael Todd Chrisley, owner of Chrisley Asset Management, included asking a double mastectomy survivor, "Are your tits real?" and threats to fire anyone who objected to his harassment, according to a complaint in Atlanta Federal Court.
Prudential Financial cost investors more than $1 billion by failing to disclose its exposure to subprime mortgage-backed securities in a June 2008 offering, shareholders say in Newark Federal Court.
UnitedHealth Group, Ingenix, Wellpoint, and Blue Cross of California conspired to underpay out-of-network medical services providers, at policyholders' expense, according to a class action antitrust complaint in Los Angeles Federal Court.
City of Southaven police and the DeSoto County School District singled out black students for illegal arrest and abuse, and let white kids slide, six kids and their parents say in Delta, Miss., Federal Court.
Bushnell claims Leica violates its patent on a "Lens Coating to Reduce External Fogging of Scope Lenses," in Kansas City, Kan., Federal Court.
UOS Energy sued the Secretary of the Interior in a dispute over UOS' rights to appeal a decision on extracting oil from tar sands and oil shale in Utah, in DC Federal Court.
Opera Telecom and M-Qube charge wireless customers for stuff they didn't order and don't want, a class action claims in Santa Clara County Court, Calif.
Aventine Renewable Energy Holdings and a long list of affiliates filed for bankruptcy in Delaware, listing $800 million in assets and $491 million in debts.