News in Brief October 13 – NFL, Safeway, Toyota and More

NFL Jukes Class Action Over Super Bowl XLVIII Tickets

The National Football League will not have to face a putative class action that alleged it violated New Jersey consumer protection laws by not making enough tickets available for purchase for the 2014 Super Bowl. Fans claimed the lack of tickets for sale caused an inflation of ticket prices on the secondary market, where, according to one plaintiff, an $800 ticket was sold for around $2,000. The NFL escaped the suit, records show, because the league said it did not sell any tickets to the general public, instead distributing them via a lottery system. Because he did not join the lottery, the court said, the high price the plaintiff paid for his ticket could not be directly tied to the NFL.

Safeway Class Action Over “Flu Shot Reminder” Phone Calls Dismissed

A class action lawsuit against Safeway alleging the company violated the Telephone Consumer Protection Act (TCPA) by calling patients with reminders to get flu shots has been dismissed. According to the California judge overseeing the case, the plaintiff had provided the grocery store chain with consent to make the calls. In addition to showing proof of the plaintiff’s prior consent, Safeway’s representation argued that the flu shot calls were covered by an FCC exemption from the TCPA related to “exigent health care calls.” “Under the present record,” the judge said, “every reasonable trier of fact would conclude that the flu shot calls deliver a ‘health care’ message and were within the scope of the plaintiff’s prior express consent.”

Report: 340k Toyotas Recalled for Parking Brake Defect

Toyota Wednesday recalled roughly 340,000 Prius hybrid sedans with reportedly defective parking brake cables that could allow the vehicles to roll even with the brake activated. The recall affects 2016 and 2017 model years Priuses. The Japanese car manufacturer said in a statement that it will begin to notify Prius owners of the recall by mail sometime in November.

Out of Thousands, 160 Accutane Suits Cut by NJ Judge

One hundred and sixty lawsuits alleging the acne drug Accutane causes inflammatory bowel disease have been tossed from consolidated litigation in New Jersey. According to the judge who made the ruling, 86 cases were dismissed because patients’ doctors were either deceased or could not be found, with the remaining 74 axed due to lack of testimony from plaintiffs’ physicians. Absent doctors’ statements, the judge ruled, plaintiffs could not show proximate cause and therefore couldn’t prove that a different drug warning would’ve resulted in the prescription of another acne medication.