Legal Roundup: NYPD Allegedly Stored DNA in ‘Rogue’ Database, Tech Startup Kytch Sues McDonald’s in Federal Court and More

The State of Rhode Island sues Teva Pharmaceuticals and AbbVie’s Allergan unit for their role in the state’s opioid epidemic.
By: | April 5, 2022

NYPD Allegedly Stored DNA in “Rogue” Database

The case: A class-action lawsuit filed in Manhattan federal court accused the New York Police Department of “surreptitiously collecting genetic material from thousands of New Yorkers and storing it indefinitely in a ‘rogue’ DNA database,” according to the Associated Press.

In the filing, the Legal Aid Society said that “the police routinely offer people who are being questioned about a crime a beverage, a cigarette or chewing gum and then collect DNA from the items.” The information is allegedly stored without the permission or knowledge of suspects.

The suit was filed on behalf of two Legal Aid clients.

Scorecard: The case was just filed and has not reached a resolution.

Takeaway: The practice of collecting DNA samples without a person’s knowledge or permission is considered a violation of state law and the Constitution. Attorneys for the plaintiffs are calling for unlawful DNA information to be expunged and for the database to be shut down, according to the New York Times, which noted that more than 31,800 New Yorkers’ DNA samples are now on file with the NYPD.

“Sgt. Edward Riley, a spokesman for the New York Police Department, said in a statement that officials would review the suit, adding that they believe the use of DNA helps bring justice,” reported the Times.

Google Sued for Discrimination by Former Employee

The case: A former Google employee has filed suit in the U.S. District Court for the Northern District of California, accusing the tech giant of racial discrimination.

While working at Google, plaintiff April Curley’s job was to help “bring in Black employees to the company by designing programs to recruit from historically Black colleges and universities,” according to the New York Times.

The plaintiff accused Google of hiring Black employees “at a lower job status than was appropriate for their experience. Since pay is tied to job levels, this allowed the company to underpay Black employees relative to their peers,” the Times reported.

Scorecard: The case was just filed and has not reached a resolution.

Takeaway: Ms. Curley was fired in 2020 after being “reprimanded for speaking up in team meetings and challenging internal practices,” reported the Times.

“The lawsuit, which seeks class action status, echoes years of complaints from Black employees at the company,” according to the Associated Press.

Rhode Island Wins $107 Million Opioid Settlement from Teva & Allergan

The case: The State of Rhode Island sued Teva Pharmaceuticals and AbbVie’s Allergan unit for their role in the state’s opioid epidemic.

The suit is one of more than 3,300 filed in the wake of the opioid crisis. The suit was set to be tried in front of a jury with opening arguments scheduled to begin on March 21.

Scorecard: The drugmakers have agreed to settle the suit for $107 million in cash and overdose treatments.

Takeaway: Rhode Island Attorney General Peter Neronha broke down the settlement into “$28.5 million in cash, plus the delivery to Rhode Island of anti-overdose treatments — 1 million Naloxone sprays and 67,000 bottles of Suboxone pills — over 10 years,” according to Reuters.

Earlier this year, Neronha announced that Rhode Island would join the national settlement with pharmaceutical distributors McKesson, Cardinal Health, and AmerisourceBergen, plus two other settlements: opioid manufacturer Johnson & Johnson agreed to pay $21 million, and consulting firm McKinsey & Co. paid $2.5 million.

The total settlement for all Rhode Island opioid cases to date is over $220 million.

Tech Startup Kytch Sues McDonald’s in Federal Court

The case: Much has been made of broken ice cream dispensers in McDonald’s restaurants, including a website that maps the functionality of McDonald’s soft serve machines across the country.

Technology startup Kytch was founded by two friends who saw an opportunity to help get the ice cream flowing. But the company recently filed suit in the U.S. District Court in Delaware seeking $900 million in damages from McDonald’s, claiming that the fast food giant was working with ice cream machine manufacturer Taylor to libel the startup and duplicate its technology, according to the New York Times.

Scorecard: The case was just filed and has not reached a resolution.

Takeaway: In 2021, “Kytch’s growth was stopped cold when McDonald’s began sending notices to the franchisees warning them that the technology could lead to worker injuries,” the Times reported.

The $900 million ask is based on what the owners think the company would have been worth had McDonald’s not stepped in to thwart growth. Without Kytch, franchise owners and employees must call Taylor technicians at a cost of hundreds of dollars per visit, wrote the Times. &

Jared Shelly is a journalist based in Philadelphia. He can be reached at [email protected].

More from Risk & Insurance