California
HP fails to derail claims in class-action lawsuit
SAN FRANCISCO (AP) — HP has failed to shunt aside class-action legal claims that it disables the scanners on its multifunction printers when their ink runs low. Though not for lack of trying.
On Aug. 10, a federal judge ruled that HP Inc. must face a class-action lawsuit claiming that the company designs its “all-in-one” inkjet printers to disable scanning and faxing functions whenever a single printer ink cartridge runs low. The company had sought — for the second time — to dismiss the lawsuit on technical legal grounds.
“It is well-documented that ink is not required in order to scan or to fax a document, and it is certainly possible to manufacture an all-in-one printer that scans or faxes when the device is out of ink,” the plaintiffs wrote in their complaint. “Indeed, HP designs its all-in-one printer products so they will not work without ink. Yet HP does not disclose this fact to consumers.”
The lawsuit charges that HP deliberately withholds this information from consumers to boost profits from the sale of expensive ink cartridges.
Color printers require four ink cartridges -- one black and a set of three cartridges in cyan, magenta and yellow for producing colors. Some will also refuse to print if one of the color cartridges is low, even in black-and-white mode.
HP declined to comment on the issue, citing the pending litigation. The company’s court filings in the case have generally not addressed the substance of the plaintiff’s allegations.
In early 2022, U.S. District Judge Beth Labson Freeman dismissed the complaint on legal grounds but did not address the lawsuit’s claims. The judge allowed the plaintiffs to amend their claim and resubmit it. On Aug. 10, the judge largely rejected HP’s request to dismiss the revised complaint, allowing the case to proceed.
All-in-one inkjet printers generally seem like a bargain compared to the cost of separate devices with scanning, copying and fax functions. For instance, HP currently sells its all-in-one OfficeJet Pro 8034e online for just $159. But its least expensive standalone scanner, the ScanJet Pro s2, lists for $369 — more than twice the cost of the multifunction printer.
Of course, only one of these devices requires printer ink. “Printer ink is wildly expensive,” Consumer Reports states in its current printer buying guide, noting that consumer ink costs can easily run more than $70 a year.
Worse, a significant amount of printer ink is never actually used to print documents because it’s consumed by inkjet printer maintenance cycles. In 2018, Consumer Reports tested of hundreds of all in one inkjet printers and found that with intermittent printer use, many models delivered less than half of their ink to printed documents. A few managed no more than 20% to 30%.
HP isn’t alone in facing such legal complaints. A different set of plaintiffs sued the U.S. unit of printer and camera maker Canon Inc. in 2021 for similarly handicapping its all-in-one printers without disclosure. The parties settled that case in late 2022.
New York
Umpire loses again in lawsuit versus MLB
NEW YORK (AP) — Umpire Ángel Hernández lost again in his racial discrimination lawsuit against Major League Baseball when a federal appeals court refused to reinstate his case on Tuesday.
The 2nd Circuit U.S. Court of Appeals upheld a 2021 District Court decision that granted MLB a summary judgment.
The Cuba-born Hernández, hired as a big league umpire in 1993, sued in 2017. He alleged he was discriminated against because he had not been assigned to the World Series since 2005 and had been passed over for crew chief.
“Hernández has failed to establish a statistically significant disparity between the promotion rates of white and minority umpires,” the 2nd Circuit said in an 11-page decision. “MLB has provided persuasive expert evidence demonstrating that, during the years at issue, the difference in crew chief promotion rates between white and minority umpires was not statistically significant. Hernández offers no explanation as to why MLB’s statistical evidence is unreliable.”
The decision was made by Circuit Judges Susan L. Carney and Steven J. Menash, who heard oral arguments on June 8. The court said the third member of the panel, Circuit Judge Rosemary S. Pooler, died last Thursday.
Hernández claimed then-MLB executive Joe Torre, who made key decisions over umpires, held animosity toward Hernández dating to Torre’s time as New York Yankees manager.
“Hernández has failed to show that the criteria Torre used in making crew chief promotion decisions caused the existing disparity between white and minority crew chiefs,” the panel wrote. “Hernández has made no showing that Torre harbors a bias against racial minorities.”
Nicholas R. Gregg, Hernández’s lawyer, did not immediately respond to an email seeking comment. Hernández could ask the full New York-based 2nd Circuit to rehear the case or for the U.S. Supreme Court to review it.
Hernández, who turns 62 next week, served as an interim crew chief from 2011-16.
Kerwin Danley became the first Black crew chief in 2020 and Alfonso Marquez became the first Hispanic crew chief born outside the United States that same year. Richie Garcia, who was born in Florida, was the first Hispanic crew chief from 1985-89.
Hernández has been controversial on the field at times. He had three calls at first base overturned in video reviews during Game 3 of the 2018 AL Division Series between the New York Yankees and Boston.
Texas
State sues Shell over fire at plant
AUSTIN, Texas (AP) — Texas is suing Shell and is seeking more than $1 million, alleging a fire at the oil giant’s Houston-area petrochemical plant damaged the environment.
The May 5 fire at the plant in the suburb of Deer Park resulted in nine workers being treated at and released from a hospital.
The lawsuit, filed Aug. 7 in Travis County by the Texas attorney general’s office, alleges air and water contamination and violations of state laws at the plant, including those of the Clean Air Act, the Solid Waste Disposal Act and the Water Code.
“The Deer Park chemicals facility remains in a recovery phase as we continue to investigate the cause of the fire and rebuild the damaged portion of the plant,” spokesperson Natalie Gunnell said.
The lawsuit contends that heavy black smoke contaminated the environment and that millions of gallons of water used to cool the areas and extinguish the flames were later discharged unlawfully into a lake, a stormwater pond and a wastewater treatment facility, making its way into the Houston Ship Channel.
“This is a lawsuit to enforce Texas laws enacted to safeguard the state’s air resources, human health and the environment against pollution and to protect the quality of water in the state,” it said.
The fire started during routine maintenance work when oils and gases ignited, Harris County Sheriff Ed Gonzalez said at the time.
