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CVS Health is being sued for allegedly revealing the HIV status of 6,000 patients in Ohio.A federal lawsuit claims CVS mailed letters last year that showed the status of participants in the state's HIV drug assistance program through the envelopes' glassine window.The complaint, which was filed March 21 in federal court in Ohio, also names Fiserv, the company that CVS hired to mail the letters. On the envelopes used by Fiserv, the patients' HIV status could be seen through the clear window, just above their name and address, the documents states.The letters included the patients' new benefits cards and information about a mail prescription program.The companies are being sued by three unidentified plaintiffs, according to the complaint.The first plaintiff, only identified as John Doe One of Delaware County, Ohio, says he "feels that CVS has essentially handed a weapon to anyone who handled the envelope, giving them the opportunity to attack his identity or cause other harm to him."Another plaintiff identified as John Doe Two of Defiance County says he lives in a small town and fears the stigma stemming from the disclosure of his HIV status.He is also concerned that his "friends and family run the risk of being stigmatized just by being seen with him."The third plaintiff says he also lives in a small town in Gallia County, where "everyone knows everyone" and has experienced "significant distress as a result of this disclosure."He is scared to leave his home and has "experienced complications and health issues since this disclosure, up to and including just in the past several days."The plaintiffs are seeking a class-action suit and a jury trial.The attorneys claim that CVS failed to announce the breach of privacy data and did not contact all the patients whose status was revealed.In a statement to CNN, CVS Health said the envelope window was intended to show a reference code for the assistance program and not the recipient's health status."CVS Health places the highest priority on protecting the privacy of those we serve, and we take our responsibility to safeguard confidential information very seriously," the statement said."As soon as we learned of this incident, we immediately took steps to eliminate the reference code to the plan name in any future mailings."A representative for Fiserv told CNN the company does not comment on pending litigation.The Ohio Department of Public Health did not reply to a request for comment Saturday. 2483

CNN is filing a lawsuit against President Trump and several of his aides, seeking the immediate restoration of chief White House correspondent Jim Acosta's access to the White House.The lawsuit is a response to the White House's suspension of Acosta's press pass, known as a Secret Service "hard pass," last week. The suit alleges that Acosta and CNN's First and Fifth Amendment rights are being violated by the ban.The suit is being filed in U.S. District Court in Washington, D.C. on Tuesday morning, a CNN spokeswoman confirmed.Both CNN and Acosta are plaintiffs in the lawsuit. There are six defendants: Trump, chief of staff John Kelly, press secretary Sarah Sanders, deputy chief of staff for communications Bill Shine, Secret Service director Joseph Clancy, and the Secret Service officer who took Acosta's hard pass away last Wednesday. The officer is identified as John Doe in the suit, pending his identification.The six defendants are all named because of their roles in enforcing and announcing Acosta's suspension.Last Wednesday, shortly after Acosta was denied entry to the White House grounds, Sanders defended the unprecedented step by claiming that he had behaved inappropriately at a presidential news conference. CNN and numerous journalism advocacy groups rejected that assertion and said his pass should be reinstated.On Friday, CNN sent a letter to the White House formally requesting the immediate reinstatement of Acosta's pass and warning of a possible lawsuit, the network confirmed.In a statement on Tuesday morning, CNN said it is seeking a preliminary injunction as soon as possible so that Acosta can return to the White House right away, and a ruling from the court preventing the White House from revoking Acosta's pass in the future."CNN filed a lawsuit against the Trump Administration this morning in DC District Court," the statement read. "It demands the return of the White House credentials of CNN's Chief White House correspondent, Jim Acosta. The wrongful revocation of these credentials violates CNN and Acosta's First Amendment rights of freedom of the press, and their Fifth Amendment rights to due process. We have asked this court for an immediate restraining order requiring the pass be returned to Jim, and will seek permanent relief as part of this process."CNN also asserted that other news organizations could have been targeted by the Trump administration this way, and could be in the future."While the suit is specific to CNN and Acosta, this could have happened to anyone," the network said. "If left unchallenged, the actions of the White House would create a dangerous chilling effect for any journalist who covers our elected officials."During his presidential campaign, Trump told CNN that, if elected, he would not kick reporters out of the White House. But since moving into the White House, he has mused privately about taking away credentials, CNN reported earlier this year. He brought it up publicly on Twitter in May, tweeting "take away credentials?" as a question.And he said it again on Friday, two days after blacklisting Acosta. "It could be others also," he said, suggesting he may strip press passes from other reporters. Unprompted, he then named and insulted April Ryan, a CNN analyst and veteran radio correspondent.Trump's threats fly in the face of decades of tradition and precedent. Republican and Democratic administrations alike have had a permissive approach toward press passes, erring on the side of greater access, even for obscure, partisan or fringe outlets.That is one of the reasons why First Amendment attorneys say CNN and Acosta have a strong case.As the prospect of a lawsuit loomed on Sunday, attorney Floyd Abrams, one of the country's most respected First Amendment lawyers, said the relevant precedent is a 1977 ruling in favor of Robert Sherrill, a muckraking journalist who was denied access to the White House in 1966.Eleven years later, a D.C. Court of Appeals judge ruled that the Secret Service had to establish "narrow and specific" standards for judging applicants. In practice, the key question is whether the applicant would pose a threat to the president.The code of federal regulations states that "in granting or denying a request for a security clearance made in response to an application for a White House press pass, officials of the Secret Service will be guided solely by the principle of whether the applicant presents a potential source of physical danger to the President and/or the family of the President so serious as to justify his or her exclusion from White House press privileges."There are other guidelines as well. Abrams said the case law specifies that before a press pass is denied, "you have to have notice, you have to have a chance to respond, and you have to have a written opinion by the White House as to what it's doing and why, so the courts can examine it.""We've had none of those things here," Abrams said.That's why the lawsuit is alleging a violation of the Fifth Amendment right to due process.Acosta found out about his suspension when he walked up to the northwest gate of the White House, as usual, for a Wednesday night live shot. He was abruptly told to turn in his "hard pass," which speeds up entry and exit from the grounds."I was just told to do it," the Secret Service officer said.Other CNN reporters and producers continue to work from the White House grounds, but not Acosta."Relevant precedent says that a journalist has a First Amendment right of access to places closed to the public but open generally to the press. That includes press rooms and news conferences," Jonathan Peters, a media law professor at the University of Georgia, told CNN last week. "In those places, if access is generally inclusive of the press, then access can't be denied arbitrarily or absent compelling reasons. And the reasons that the White House gave were wholly unconvincing and uncompelling."The White House accused Acosta of placing his hands on an intern who was trying to take a microphone away from him during a press conference. Sanders shared a distorted video clip of the press conference as evidence. The White House's rationale has been widely mocked and dismissed by journalists across the political spectrum as an excuse to blacklist an aggressive reporter. And Trump himself has cast doubt on the rationale: He said on Friday that Acosta was "not nice to that young woman," but then he said, "I don't hold him for that because it wasn't overly, you know, horrible."Acosta has continued to do part of his job, contacting sources and filing stories, but he has been unable to attend White House events or ask questions in person -- a basic part of any White House correspondent's role.Acosta is on a previously scheduled vacation this week. He declined to comment on the lawsuit.On CNN's side, CNN Worldwide chief counsel David Vigilante is joined by two prominent attorneys, Ted Boutrous and Theodore Olson. Both men are partners at Gibson, Dunn & Crutcher.Last week, before he was retained by CNN, Boutrous tweeted that the action against Acosta "clearly violates the First Amendment." He cited the Sherrill case."This sort of angry, irrational, false, arbitrary, capricious content-based discrimination regarding a White House press credential against a journalist quite clearly violates the First Amendment," he wrote.David McCraw, the top newsroom lawyer at The New York Times, said instances of news organizations suing a president are extremely rare.Past examples are The New York Times v. U.S., the famous Supreme Court case involving the Pentagon Papers in 1971; and CNN's 1981 case against the White House and the broadcast networks, when CNN sued to be included in the White House press pool.The backdrop to this new suit, of course, is Trump's antipathy for CNN and other news outlets. He regularly derides reporters from CNN and the network as a whole.Abrams posited on "Reliable Sources" on Sunday that CNN might be reluctant to sue because the president already likes to portray the network as his enemy. Now there will be a legal case titled CNN Inc. versus President Trump.But, Abrams said, "this is going to happen again," meaning other reporters may be banned too."Whether it's CNN suing or the next company suing, someone's going to have to bring a lawsuit," he said, "and whoever does is going to win unless there's some sort of reason."The-CNN-Wire 8437

Colgate, Cream of Wheat and Mrs. Butterworth are the latest brands reckoning with racially charged logos. New York-based Colgate-Palmolive say it's reviewing its Darlie toothpaste brand, which is popular in Asia. Prior to 1989, the brand was known as Darkie and featured a singer in blackface as its logo. New Jersey-based B&G Foods, which makes Cream of Wheat hot cereal, said it’s reviewing its logo, which features a smiling black chef holding a bowl of cereal. Cream of Wheat's packaging includes an image of a black chef. In early advertisements, copy refers to the chef as "Rastus" — a term now considered a slur. The name refers to a minstrel show caricature of a stereotypically happy black man. Uncle Ben's rice, which also uses a black man's portrait on its packaging, said it planned to "evolve" the brand, but did not offer specifics.And Chicago-based Conagra Brands says its female-shaped Mrs. Butterworth's bottles are intended to evoke a “loving grandmother.” But the company said the packaging could be misinterpreted. "We stand in solidarity with our Black and Brown communities and we can see that our packaging may be interpreted in a way that is wholly inconsistent with our values," the company said in a statement. The soul-searching comes in the wake of PepsiCo’s announcement that it’s renaming its Aunt Jemima syrup brand. 1359

CORONADO, Calif. (KGTV) - For the first time, a local coaching legend is speaking out, 5 months after he was banned from the campus of Coronado High.Retired water polo coach Randy Burgess is accused in a complaint of molesting a former middle school student.A mural of Burgess remains over the pool his water polo teams has used during his 3 decades of coaching, which includes nearly 20 section championships for high school boys' and girls' teams. Three of his players have competed in the Olympics.It's a legacy now in danger."My feeling is beyond frustration. A lot of hurtful things have happened," said Burgess.In May, the former middle school student - now 18 - filed a complaint with Coronado unified.In it, the teen claims during the 7th grade while playing for a club polo team that shared the pool with Burgess' teams, Burgess hugged, kissed, and eventually raped the child, in places like bathrooms and Burgess' car.The school district removed Burgess from the classroom in April, before denying the claim in May.Burgess says his attorney learned the District Attorney's office has declined to prosecute, but 10News is still working to confirm that."My immediate response was this was a case of mistaken identity.  My coaching and teaching career never paralleled with this this individual," said Burgess, who denies ever interacting with the student.Burgess tell us he doesn't know why someone would make up such a claim. He's now suing for reinstatement to teach physical education at Coronado High. In 2015, he retired from coaching, but was still mentoring coaches."I've told my children and my athletes: It's not always what happens to you, but how you handle it. I'm trying to live through those words now," said Burgess.It's not the first time Burgess has been named in a complaint.In 1995, a city supervisor sued him and the city of Coronado, claiming Burgess berated his players, made sexually inappropriate statements in front of students and sometimes allowed male swimmers to swim naked.Burgess says that case was settled with a confidentiality clause."I can only repeat to myself that the people who know me, know me, and the others will come up with their own conclusions," said Burgess.In a statement, Coronado Unified declined to discuss personnel matters, but did say "...the District takes such claims very seriously.  When the allegations became known, the District followed policy and protocol by taking immediate action to protect the safety and security of District students and staff ..."10News reached out to the lawyers representing the former student but have yet to hear back. 2638

CLAREMONT, Calif. -- A family wants the FBI to get involved after their son was stabbed to death in Mexico, according to KABC.Their son was in Mexico celebrating a friend’s birthday when he was killed, and now his family believes the Mexican government is trying to cover up the murder. Taylor Meyer left for Mexico for his friend’s 30th birthday.Photos show the 27-year-old having a good time with his friend’s in Playa Del Carmen. On Friday, his parents got a call informing them their youngest son had been murdered. They first thought it was a cruel hoax, but later discovered it was real.Kris and Krista Meyer say their son was stabbed to death and that a witness told police that three people carried out the attack, taking his wallet, shoes, watch and iPhone. The couple is now searching for answers and wants the FBI to investigate.They say that Mexican authorities are trying to cover up the murder so not to scare tourists away. Sunday, 200 of Meyer’s friends gathered at Hermosa Beach for a candlelight vigil to remember the fun, loving man who brought so many of them together. 1097