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Reuters
14 hours ago
- Business
- Reuters
US Supreme Court reverses decision to rule on class action question
June 5 (Reuters) - The U.S. Supreme Court on Thursday sidestepped resolving a major issue across class action litigation, turning aside an appeal that could have made it harder for plaintiffs lawyers to bring together groups of people to sue companies and others for alleged wrongdoing. The justices' order, opens new tab said the court had 'improvidently' agreed in January to hear an appeal by diagnostics testmaker Labcorp, which was challenging a lower court's order that allowed thousands of consumers to sue the company in a class action for damages. Labcorp's petition focused on a key issue in class actions that implicates billions of dollars: whether judges can certify a class action for damages that includes some members who have not been harmed. After hearing arguments in the case in April, the Supreme Court took the unsual step on Thursday of dismissing the appeal. The order did not discuss the merits of the appeal or the court's reasoning. Justice Brett Kavanaugh wrote separately that the court should have ruled for Labcorp. Labcorp and a lawyer for the company at law firm Jones Day did not immediately respond to requests for comment. The plaintiffs' lead attorney, Deepak Gupta, in a statement said Labcorp's appeal was procedurally flawed, and called the Supreme Court's order a win for his clients. 'Class actions are a critical tool for ensuring access to the courts,' Gupta said. 'Today's dismissal leaves the law of class actions intact, allowing people to band together to hold powerful corporations accountable for their misconduct.' The case had attracted many friend-of-the-court briefs at the Supreme Court, as business advocates, legal scholars, antitrust litigators and others tried to influence the justices. Visually impaired consumers sued Labcorp in 2020 over their inability to use the company's self-service check-in kiosks where a person enters information prior to an appointment for a blood draw or urine screening. Labcorp said many blind patients either were not aware of the kiosks or had no interest in using them. A federal district court judge in 2022 certified a nationwide class that made claims against Labcorp under the Americans with Disabilities Act and other laws. In its petition, opens new tab, Labcorp said U.S. appeals courts are divided over whether to certify a class action that includes people who have not been injured. The possibility that the justices might dismiss the case without ruling on the merits came up at the Supreme Court's argument in April. Gupta, responding to a question, told the justices that Labcorp could still ask a lower judge to decertify the class action. 'They're not without rights,' Gupta told the court. The case is Laboratory Corp of America v Davis, U.S. Supreme Court, No. 24-304. For petitioner: Noel Francisco of Jones Day For respondent: Deepak Gupta of Gupta Wessler Read more: Class action administrators, banks accused of kickback scheme in new lawsuits Marriott wins US appeals order striking down data breach class action This Supreme Court case could upend class actions Lawsuit accuses American Arbitration Association of monopolizing consumer market
Yahoo
27-05-2025
- Politics
- Yahoo
Legal bills show city cost of trying to keep Browns in Cleveland: I-Team
CLEVELAND (WJW) – The FOX 8 I-Team has found the city of Cleveland's fight to keep the Browns on the lakefront is now costing you a lot of money with legal bills soaring. The Browns plan to move to a dome in Brook Park, and the city of Cleveland is battling in county and federal court. While Browns fans check the scoreboard, the I-Team checked the bottom line of the legal bills. We found an outside law firm has already billed the city nearly a half-million dollars. Last week, the I-Team pressed Mayor Justin Bibb about the skyrocketing cost of the city battling the Browns in court. Teen boy dies after fall from Green Memorial Day parade float We had filed a records request for bills from an outside law firm. Records show the Jones Day firm has filed three bills so far, and each bill was for more than $100,000. The mayor made headlines last week, telling the I-Team the city has more important priorities than the Browns. 'The legal bills are going (up), so how much longer can the city continue that?' the I-Team asked. 'The residents that I've talked to, as well as the city council president, they want me to fight to keep the Browns in the city. They want me to make sure I use every tool to assure and prevent any economic harm to the city of Cleveland,' Bibb said. We've reported the city is paying the outside law firm $675 an hour. The records we received show the bottom-line amount billed so far, but not much else. We found most everything else blacked out. Some season ticketholders want the city to do whatever it takes to force the team to stay in the current stadium. Both the team and the city have filed legal arguments in federal and county court. The city is basing its arguments on the Modell Law, which restricts sports teams from moving. The next hearing is set to take place in a few weeks. State leaders still think it's too easy to amend the Ohio Constitution In weeks, the Browns will also find out if they get state money to help build a dome. The Browns have said they'll pay back any state money with profits from the project, and they believe it will generate money for all of Northeast Ohio. Meanwhile, the mayor said he's prepared to keep spending tax dollars to fight the Browns in court. 'Making sure we mitigate economic harm if they leave,' Bibb said. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Indianapolis Star
09-05-2025
- Health
- Indianapolis Star
Dr. Brad Bomba Sr., longtime Indiana Athletics physician and IU football player, died
BLOOMINGTON — Former Indiana basketball team physician Dr. Bradford Bomba Sr. has died at 89. A longtime family friend confirmed his death to The Herald-Times on Friday afternoon. Bomba entered hospice in recent months while battling various serious health conditions. Bomba had a private practice in the area for decades — in retirement he continued to treat patients at a free local clinic — while working as a contracted physician for Indiana University Athletics for much of that time. He served as team physician for all IU teams from 1963 to 1970 and the men's basketball team for nearly three decades. The IU grad earned All-Big Ten honors in football at the school and was inducted into the Indiana Football Hall of Fame (2007) and the IU Athletics Hall of Fame (2017). He is also a member of the Marion and Monroe County Halls of Fame. Bomba's grandson James, a former Bloomington South standout who is currently a member of the IU football team, posted about his grandfather's passing Friday afternoon on Facebook. "His presence felt larger than life," James Bomba wrote. "Filling every room with warmth and wisdom. Even though he is no longer physically with us, his spirit will live on in all the lives that he impacted. Rest in peace, Grandpa." His tenure as Indiana basketball's team physician has become the subject of a federal class action lawsuit filed against the school by former players including Haris Mujezinovic and Charlie Miller, alleging he performed 'medically unnecessary' prostate examinations during their annual physicals. The university hired Jones Day, a prominent international law firm, to conduct an independent investigation into Bomba's alleged conduct in September. In a 874-page report released May 1, the law firm concluded that Bomba didn't act in 'bad faith' or 'improper purpose.' Jones Day interviewed close to 100 people, including multiple student-athletes from each decade that Bomba served as team physician, and reviewed more than 100,000 documents spanning six decades, as well as 10,000 emails during the course of its investigation. According to the report, a 'significant majority' of former basketball players and staff expressed support for Bomba. 'Numerous callers, including physicians in the community and former student athletes, felt the allegations against him were a shame or travesty,' the report states. 'Many, including those who received DREs during their physicals, described Dr. Bomba in admirable terms and clearly hold him in high regard. They felt his care was professional, thorough, and appropriate.' Bomba is survived by his six children, Brad Jr. (Angee), Elizabeth, Joseph, Chris (Wendy), Matt (Kelly), Eric (Angie), and many grandchildren.
Indianapolis Star
07-05-2025
- Health
- Indianapolis Star
What's next for former Indiana basketball players who filed federal lawsuit against IU?
Former Indiana basketball players including Haris Mujezinovic and Charlie Miller filed a federal class action lawsuit against the school in October. The former IU players allege they were subject to "medically unnecessary, invasive, and sexually abusive rectal examinations" by former team physician Dr. Brad Bomba Sr. The independent investigation conducted by Jones Day into the allegations concluded that Bomba didn't act in "bad faith." BLOOMINGTON — The recently released report from Jones Day into the conduct of former Indiana basketball team physician Dr. Brad Bomba Sr. has already made its way into legal filings in the related federal class action lawsuit filed by a group of former IU players. DeLaney & DeLaney, an Indianapolis-based law firm representing the players, filed a motion with the court less than 24 hours after the report was made available Thursday to the public that sought to use the document in an argument opposing Indiana University's request to postpone discovery in the case. Former Indiana basketball player Haris Mujezinovic, along with Charlie Miller, filed a federal class action lawsuit in October against the school, alleging they were "routinely and repeatedly" subject to "medically unnecessary, invasive, and sexually abusive rectal examinations" by Bomba. Indiana hired Jones Day in September to conduct an independent investigation in response to a letter it received on behalf of Mujezinovic that detailed those allegations. While the Jones Day report concluded that Bomba did not act in "bad faith" or "improper purpose" in conducting digital rectal examinations (DREs) as a routine part of his annual physical examinations (PPEs) — the report states he conducted those tests in a clinically appropriate manner and there was no element of sexual gratification — the litigation continues to work its way through court. Need a break? Play the USA TODAY Daily Crossword Puzzle. Federal class action lawsuit related to Dr. Brad Bomba's alleged misconduct working its way through court Mujezinovic and Miller were joined by fellow former Indiana players John Flowers and Larry Richardson Jr. as plaintiffs in amended complaints that were filed with the court in recent months. Former Indiana team trainer Tim Garl was added as a defendant in the case. In the most recent complaint filed in the U.S. District Court for the Southern District of Indiana on April 7, the former Indiana student-athletes allege that the school 'systemically mishandled and turned a blind eye to Dr. Bomba Sr.'s sexual misconduct' with a policy of 'deliberate indifference.' The complaint states that Garl had knowledge of Bomba's conduct and still assigned student-athletes to him for physical exams. Garl, who served as the team's athletic trainer for four-plus decades, wasn't retained after former Indiana basketball Mike Woodson stepped down at the end of the 2025 season. He released a statement through his attorney March 31 announcing his departure. Indiana athletic director Scott Dolson informed Garl that the basketball program was looking for a 'fresh start' for the training staff under new coach Darian DeVries, the statement said. Jones Day interviewed Garl as part of its investigation — it even conducted a "manual search" of his office for documentation — and the law firm concluded he had a "good faith" belief the DREs that Bomba conducted were medically appropriate. "Garl appears to have given deference to Dr. Bomba's medical expertise," the report states. "In addition, his experiences at other schools and the lack of complaints about Dr. Bomba reasonably could have led him to assume that Dr. Bomba was acting in accordance with the prevailing medical standard of care at the time." The most recent complaint from the players also states that coach Bob Knight, former basketball athletic trainer Bob Young and former IU football player George Taliaferro who previously worked in the president's office, had knowledge of Bomba's actions as early as 1979, but didn't take any action. Those allegations stem from the sworn testimony submitted March 20 from former Indiana basketball player Butch Carter. Carter, who played from 1976 to 1980 and was a former team captain, isn't a named plaintiff in the lawsuit, but he came forward in support of the former players' claim. He spoke with Jones Day before the declaration was filed with the court and the law firm investigated his claims. "We were unable to uncover any evidence of what, if anything, was done in response to Carter's complaints," the report states. "From Carter's perspective, no action was taken. Taliaferro, Young, and Knight, as well as former team physician Dr. John Miller, are deceased so we have only Carter's account of these conversations. Whether any of these individuals would have viewed DREs as inappropriate is unclear, especially given that other physicians (e.g., in the military, NBA, and Bloomington community) appear to have included DREs in annual physicals of young men." Magistrate judge Mario Garcia approved a case management plan March 7 with a proposed trail date of September 2026, but the lawyers representing Indiana University and Garl filed separate motions to have the case dismissed in April. The school is being represented Barnes & Thornburg while Garl has retained Dinsmore & Shohl. Brad Bomba Sr. won't sit down for follow-up deposition in federal lawsuit Recent court filings revealed Bomba is in declining health after the plaintiffs in the case sought a follow-up deposition. While the court ruled Bomba was competent to testify at a December hearing, his guardian, Joseph Bomba, submitted an affidavit from a doctor who examined his father March 26 and recommended him for hospice care. 'Subjecting him to a court proceeding or deposition, even with accommodations intended to ease the experience, would, in reasonable likelihood, cause serious medical harm and may contribute to or hasten his death,' the affidavit stated. Bomba invoked his Fifth Amendment right 45 times at his initial deposition Dec. 4. In response to a motion from the plaintiffs, Garcia ruled that Bomba improperly invoked the privilege on numerous occasions and needed to re-sit for another deposition to answer those questions (and reasonable follow-ups), but reversed course in April 1 ruling. 'The court sympathizes with plaintiffs' many frustrations. But Dr. Heady has made serious statements under oath about the critical risk of a deposition to Dr. Bomba's health as he begins end of life care,' Garcia's ruling stated. 'Moreover, as a non-party (albeit, the individual whose alleged conduct is at the heart of the lawsuit), Dr. Bomba burdensome argument is particularly strong.' As noted in Jones Day's report, Bomba didn't sit down for an interview as part of the law firms investigation citing the same health concerns his attorney has outlined in court.
Yahoo
02-05-2025
- Health
- Yahoo
Doctor accused of abusing Indiana University athletes didn't act in 'bad faith,' law firm says
A law firm hired by Indiana University has concluded that former basketball team doctor Bradford Bomba Sr. did not act 'in bad faith or with an improper purpose' when he performed rectal exams on hundreds of young players during routine physicals. But the medical experts brought on by the Jones Day law firm to help conduct an independent investigation into the allegations against Bomba wrote that "it was uncommon" for physicians to perform invasive exams like this on "college-age student athletes without pertinent history of complaints." Still, the experts wrote in the 874-page report, Bomba's method of doing these exams was "professional and clinical." "We uncovered no evidence — no witness interview, player account, documentation, or evidence regarding any general predilection of Dr. Bomba — that indicated Dr. Bomba had any sexual purpose or derived any sexual gratification from administering the DREs," the report states, using the acronym for digital rectal exams. IU hired Jones Day in September to look into the allegations against the now 88-year-old retired doctor after a former player named Haris Mujezinovic sent the school a letter accusing Bomba of performing unnecessary rectal exams on heathy young athletes and saying school officials did nothing to stop him. 'The report did not help me understand the rationale for Dr. Bomba Sr.'s actions or for IU's failure to act," Mujezinovic said in a statement released by his lawyers Kathleen DeLaney, Matthew Gutwein and Alexander Pantos after the Jones Day report was released Thursday. "It seems to me that IU stayed quiet at the expense of me and the other players.' Mujezinovic is one five former Indiana players, including one-time NBA player and former Toronto Raptors coach Butch Carter, who are suing the university trustees and former athletic trainer Tim Garl for allegedly ignoring warnings about Bomba, who they allege performed medically unnecessarily rectal exams on the young men. Delaney, in an email Friday to NBC News, said "this report helps our litigation case and we are continuing to pursue the case with vigor." "The Jones Day report is flawed in many respects, but it unequivocally confirms that Dr. Bomba, Sr. routinely abused IU student athletes for decades and that the university's Head Athletic Trainer knew about it at the time and did nothing to stop it," Delany wrote. "Even the hired experts Jones Day engaged — two out of three of them — stopped short of endorsing Dr. Bomba, Sr.'s digital rectal examinations as 'medically appropriate.'' Delaney said the Jones Day investigators did not interview Bomba and noted that in December the retired doctor invoked his Fifth Amendment right against self-incrimination dozens of times during a deposition for the lawsuit. The Jones Day report, Delaney added, also called Garl's behavior "unprofessional" for "razzing" players about the rectal exams at the hands of Bomba. Garl, who had been the head men's basketball trainer at the school since 1981, was informed last month that IU would not be renewing his contract. "This report completely exonerates Tim Garl," his lawyer, Christopher Lee, told NBC News, who added they have filed a motion to dismiss the lawsuit against Garl. NBC News has also reached out to Bomba's attorney for comment on the findings in the Jones Day report. When asked if the university had anything else to say about the report, IU spokesperson Mark Bode referred a reporter to the school's statement which said, in part, "The review by Jones Day was fully independent from the university and followed the evidence." Bomba, who is not listed as a defendant, provided medical care to all its sports teams from 1962 to 1970 and was the Hoosier's men's basketball team physician from 1979 until the late 1990s. Mujezinovic and Charlie Miller, who played for the Hoosiers in the 1990s under the late and legendary coach Bob Knight, were the first of the former players to file a lawsuit in the U.S. District Court for Southern Indiana alleging that their coaches and trainers were aware that Bomba was subjecting basketball players to unnecessary prostate examinations and did nothing to stop him. They sued under Title IX, a federal law that requires all colleges and universities that receive federal funds to put safeguards in place to protect students from discrimination based on sex, including sexual harassment and sexual violence. 'Dr. Bomba, Sr.'s routine sexual assaults were openly discussed by the Hoosier men's basketball players in the locker room in the presence of IU employees, including assistant coaches, athletic trainers, and other Hoosier men's basketball staff,' according to the lawsuit. This article was originally published on
