Tag Archives: lawsuit

East Boston cleaning company ordered to pay $750K for wrongful deductions from worker paychecks



Mary Moore
Reporter- Boston Business Journal

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A commercial cleaning, maintenance and janitorial company from East Boston has been ordered to pay more than $750,000 in restitution and penalties for deducting money from workers’ paychecks without making any contributions to health, welfare and pension funds, the Massachusetts Attorney General’s office announced Wednesday.

The deductions violate the state’s prevailing wage laws, the AG’s office said in a press release.

SEIU Local 615 filed a complaint with the AG’s office in 2011 against Star Services Inc., a subcontractor of ABM Janitorial Services, which has the contract to clean facilities in Boston that are operated by the Massachusetts Convention Center Authority, the press release said. The union noted in its complaint that Star Services’ workers were seeing deductions from their paychecks but contributions were not being made to any funds, the AG’s office said.

Massachusetts law allows for deductions for health, welfare and pension funds from the paychecks of workers who clean and maintain buildings that the state owns or rents, the AG’s office said. But if payments to the funds are not made, workers are supposed to receive those payments directly, according to the AG’s office.

The AG’s office determined that between March 2012 and September 2013, Star Services deducted more than $959,000 from 160 workers for health, welfare and pension fund contributions that were never made.

ABM has terminated the contract with Star Services and has agreed to pay $300,000 to the Star Services employees and the pension fund. Star Services couldn’t be reached for comment. ABM issued this statement: “We cannot speak to Star’s actions, but we can say that we terminated the relationship with them after learning of the situation and we are pleased to have worked with the Attorney General’s office toward resolving this issue, using funds withheld from Star pursuant to our agreement.”

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Teddy Roosevelt’s great-great-grandson talks documentary, family



RooseveltHigh14

Kermit Roosevelt III, a professor at University of Pennsylvania Law School and great-great-grandson to former U.S. President Theodore Roosevelt.









Jeff Blumenthal
Reporter- Philadelphia Business Journal

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For most people viewing the third installment of Ken Burns’ sprawling seven-part documentary, The Roosevelts: An Intimate History, Theodore Roosevelt’s 1913 expedition with his son Kermit into the Brazilian jungle was harrowing to watch.

But for University of Pennsylvania Law School Professor Kermit Roosevelt III, it was much more. He was watching his great-great-grandfather and great-grandfather fight off illness that almost killed both men as they traveled down the uncharted River of Doubt. When the former president contracted malaria and a serious infection, he told his son to leave him behind so he would not be a burden to his companions. Kermit contracted malaria as well but rejected his father’s request and used his survival skills to save Theodore Roosevelt’s life.

“In many ways, that was Kermit’s finest hour,” Kermit Roosevelt III said in an interview this week. “He wouldn’t leave him behind. But he was really sick too. So when I watch it, I think if he hadn’t lived, I wouldn’t be here.”

Roosevelt is actually the fourth Kermit in his family. Kermit Sr. (1889-1943) went on to serve in both World Wars and became a businessman. But he battled depression and alcoholism and died from suicide.

“It was tough being TR’s son,” Roosevelt said. “Kermit never really found his identity. And it was even tougher being his son and not having him around. His life really went off the rails after TR died. TR was an imposing figure and when that figure is removed, it changes things.”

Kermit Roosevelt, Jr. (1916 – 2000), was a CIA officer who coordinated Operation Ajax, which aimed to orchestrate a coup against Iran’s prime minister and return the Shah of Iran to power in August 1953. His eldest son, Kermit Roosevelt III, was born in 1938 and practiced law with his father and is now retired and living in Washington. Roosevelt, who goes by Kim, said he added the “III” to his name when his grandfather died.

Jeff Blumenthal covers banking, insurance and law.




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New data show number of Albany area hospital citations and complaints



David Robinson
Reporter- Albany Business Review

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More data about health care in New York is readily accessible following a recent upgrade to the state Department of Health website.

The information touches on a range of topics, including performance benchmarks and citations for violating state regulations.

Below is data on complaints and citations for hospitals in the Albany region according to the state website, which reflects the most recent reports available.

Note: An overwhelming majority of the citations have been addressed at these hospitals, ranging from governance issues to patient services. Additionally, none of these hospitals have faced enforcement actions between February 2010 and Jan. 31, 2013, the data shows.

Enforcement actions are filed against hospitals that have been cited for noncompliance of state regulations that resulted in harm to patients, represented substandard quality of care, or placed patients at immediate risk for harm, according to the state agency.

Albany Medical Center Hospital, 43 New Scotland Avenue, Albany.

A total of 22 citations resulted from 16 inspections of this facility from Oct. 1, 2009 through Sept. 30, 2012. There were 39 inspections resulting in no citations.

Complaints received per 10,000 patient days: 0.9 (state average: 0.8)

Complaints reviewed resulting in citations, per 10,000 patient days: 0.2 (state average: 0.3)

Percentage of allegations made that were substantiated: 12.5% (state average: 19.2%)

Albany Memorial Hospital, 600 Northern Boulevard, Albany. (Now part of St. Peter’s Health Partners) A total of 11 citations resulted from 3 inspections of this facility from Oct. 1, 2009 through Sept. 30 2012. There were 9 inspections resulting in no citations.

Robinson covers breaking news and health care.



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Receiver, Dollar Bank argue over whether August Wilson Center sheriff’s sale should be delayed



The August Wilson Center for African-American Culture in downtown Pittsburgh.

The August Wilson Center for African-American Culture in downtown Pittsburgh.









Tim Schooley
Reporter- Pittsburgh Business Times

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Judge Lawrence O’Toole has yet to rule on whether there will be a delay in Dollar Bank’s plans for a sheriff’s sale of the August Wilson Center for African American Culture in October.

The parties involved — including Dollar Bank, the Urban Redevelopment Authority of Pittsburgh, and conservator Judith Fitzgerald — were at a hearing Friday morning in the Orphans’ Court Division of the Allegheny County Court of Common Pleas. Dollar Bank, which is moving to foreclose on a mortgage debt of more than $7 million, argued against Fitzgerald’s plans to move a scheduled Oct. 6 sheriff’s sale to December.

980 Liberty Partners, which wants to buy the property for $9.5 million and build a hotel atop it while maintaining its cultural center underneath, has a Sept. 24 deadline on its due diligence to buy the property and commit its deposit. But still at issue is whether the center’s convenants allow it to use the building for another purpose beyond a cultural center. A trial date of Sept. 29 has been fixed to decide whether a new owner would have to adhere to restrictions and convenants.

If 980 Liberty Partners does not buy the property, then it would move to sheriff’s sale on Oct. 6.

Mark Nowak, a lawyer representing the URA, argued the motion to revise the sales procedures represents a “broad expansion of powers of the receiver’ (Fitzgerald),” and gives 980 Liberty Partners expanded opportunity to buy the property. He also argued in favor of the back-up bid by several local foundations, supported by the URA, to buy the center for $7.5 million and establish a new organization to relaunch a new August Wilson Center.

Tim Schooley covers retail, real estate, construction, hospitality, arts and entertainment, and government. Contact him at tschooley@bizjournals.com or 412-208-3826.




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Fidelity’s Kathy Murphy on excellence, Margaret Thatcher and fictional role models

Kathy Murphy has paved a successful career for herself in finance after starting in legal positions for a healthcare company. She’s now one of the most influential businesswomen in the country and made Fortune’s 2014 Most Powerful Women in Business list once again this year.

Murphy is president of Personal Investing, a Fidelity Investments company that provides many financial products and services to individual investors. In this role she oversees 15 million customer accounts, 12,000 employees and more than $1.7 trillion in customer assets.

Hailing from Wallingford, Conn., Murphy went to Fairfield University for undergrad before heading to the University of Connecticut for law school. After graduating at the top of her class, she was inundated with offers from Wall Street firms, but Murphy decided to take a different route.

She started at healthcare company Aetna where she stayed for 15 years in legal and government affairs positions. Once ING bought Aetna Financial Services in 2000, Murphy moved up the ranks to become the CEO of ING U.S. Wealth Management.

I talked with Murphy on the phone this week about why many women are reluctant to take control of their finances, her fictional role models and her wish to have coffee with the late Margaret Thatcher. Here are edited excerpts from the conversation.

What were the major takeaways from your experiences at Aetna?

What attracted me to Aetna was that they were seen as a responsible leader in the insurance industry. They had very strong values (they were actually known as Mother Aetna by employees). There was a high degree of integrity that was really important to me.

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Law firm brings on ex-Minnesota Supreme Court justice



Helen Meyer Briggs and Morgan

Helen Meyer









Jim Hammerand
Digital editor- Minneapolis / St. Paul Business Journal

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Former Minnesota Supreme Court Justice Helen Meyer has joined Minneapolis-based law firm Briggs and Morgan.

Meyer, an associate justice from 2002 to 2012, later joined William Mitchell College of Law as a distinguished jurist-in-residence. She was a civil litigator and mediator at her own firm before sitting on the bench.

She’ll join the firm’s business-litigation side as of counsel on the appellate and alternative dispute resolution practice groups, the firm said in a news release.

RELATED: List Leaders: Biggest Twin Cities Law Firms

Jim Hammerand reports on Twin Cities breaking business news for MSPBJ.com and manages online features and social media.



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PDC Energy agrees to settle 2011 class-action suit



PDC Energy Logo Borders









Cathy Proctor
Reporter- Denver Business Journal

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PDC Energy Inc. said Friday its reached a settlement agreement for a class-action lawsuit alleging that the company didn’t adequately disclose information about its purchase of partnerships in 2010 and 2011.

The case, titled Schulein v. Petroleum Development Corp., was filed in December 2011 in the U.S. District Court for the Central District of California.

Under the proposed settlement agreement, which must be approved by the judge, the case would be dismissed with prejudice, meaning plaintiffs could not bring another action on the same claims.

The agreement has two parts, with the first being an up-front cash payment by PDC (Nasdaq: PDCE) of about $11.5 million, the company said.

The second part of the agreement calls for a transfer of interest to the plaintiffs in a number of wells PDC plans to drill in 2015 and 2015 in Colorado’s Wattenberg Field, which is north of Denver and part of the larger Denver-Julesburg Basin. The plaintiffs would have the right to require PDC repurchase the interest in the wells starting in 2027.

PDC said the entire settlement, including the future repurchase option, is in the range of $30 million to $35 million.

PDC also said it has “steadfastly maintained that the claims raised by the class action are without merit” and didn’t do anything wrong.

Cathy Proctor covers energy, the environment, transportation and construction for the Denver Business Journal and edits the weekly “Energy Inc.” newsletter. Phone: 303-803-9233. Subscribe to the Energy Inc. newsletter



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Article source: http://feeds.bizjournals.com/~r/industry_14/~3/p6SU53_wv3w/pdc-energy-agrees-to-settle-2011-class-action-suit.html

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