Class Actions

09/16/2014

Navistar Lawsuit Investigation Involving Maxxforce EGR Diesel Engines

Navistar Lawsuit re Maxxforce Engines

Audet & Partners, LLP is investigating class action claims raised in a Navistar lawsuit that the company’s Maxxforce EGR diesel engine may have been sold to consumers in a defective and unreasonably dangerous condition in model years 2008-2013. Recent claims coming to the attention of Audet & Partners, LLP suggest that Navistar trucks sold in these model years were equipped with the Maxxforce EGR diesel engine that may have contributed to a dangerous tendency for these models to break down, leading... Read More
09/15/2014

Cheerleader Class Action Lawsuit Averted by Oakland Raiders

The Oakland Raiders franchise of the National Football League has averted a class action lawsuit brought on behalf of approximately 90 cheerleaders who worked for the team between 2010 and 2013. The class action lawsuit, which originally had been brought by lead plaintiff and Raiderette “Lacy T,” alleged that during the class period, each of the Raiderettes were paid $1,250 for an entire season which allegedly amounted to $5.00 an hour for job-related responsibilities that included rehearsals, performances, and event... Read More
09/10/2014

Rocket Fuel Lawsuit Investigation Re: Ad Fraud

Rocket Fuel Lawsuit Investigation re: Ad Fraud

Audet & Partners, LLP reports that Rocket Fuel, Inc. may have sold advertising inventory to customers possibly viewed more often by automated computer programs, or "bots," rather than by human beings.  In an expose published earlier this year, the Financial Times reported on a Rocket Fuel advertising inventory sold to Mercedes Benz that proved to consist largely of views by automated technology.  The Financial Times cited a report by Telemetry, a UK company specializing in detecting ad fraud, suggesting that 57% of the... Read More
09/03/2014

Dentastix Class Action Lawsuit Investigation

Dentastix Class Action Lawsuit

Audet & Partners, LLP is investigating claims that may form the basis of a class action lawsuit against Mars Petcare, parent company of Pedigree, the manufacturer of Dentastix dog treats.  For some time, Pedigree has been marketing Dentastix as facilitating "up to 80% tartar reduction" in dogs who chew Dentastix.  The National Advertising Division (NAD) of the Council of Better Business Bureaus, however, has issued a public statement disputing the claimed efficacy of Dentastix.  The NAD has stated that in... Read More
09/02/2014

Employment Class Actions for Wage Violations On The Rise

In what is coming to be referred to as "wage theft," the New York Times is reporting on an escalating number of class action lawsuits brought on behalf of employees of major U.S. companies to recover wages lost as a result of state and federal employment law violations.  Employment laws and regulations in California and other states, as well as federal law, set forth specific guidelines that must be followed by employers with regard to employee wages and working conditions.  These... Read More
08/25/2014

Class Action Against Whole Foods Challenges Homeopathic Claims

Class Action Homeopathic Whole Foods

Audet & Partners, LLP reports that a new class action lawsuit recently brought in the U.S. District Court for the Southern District of Florida challenges claims made by Whole Foods Market, Inc. regarding products including Cough Ease for Kids, Cough Ease, Flu Ease and Arnica Montana 30C.  Each of these claims are based on the assertion that the company extracted a premium for these products from potentially hundreds of thousands of consumers by claiming that the products effectively treat the... Read More
08/12/2014

Luvena Lawsuit by FDA Seeks to Curtail Sales

FDA Luvena Lawsuit

Audet & Partners, LLP reports that the U.S. Food and Drug Administration (FDA) has filed a lawsuit in the United States District Court for the Central District of California against Laclede, the manufacturer of Luvena vaginal moisturizer, to enjoin future sales of the Luvena product. In taking this extraordinary action, the FDA has alleged that Luvena falls within the FDA designation as a "New Drug."  Because Laclede failed to seek and obtain necessary FDA approval for a "new drug," the FDA... Read More
08/04/2014

Hysterectomy Device Recalled Amid Cancer Fears

Johnson & Johnson Hysterectomy Device Recalled

Audet & Partners, LLP reports that Ethicon Endo-Surgery Inc., a unit of Johnson & Johnson, is voluntarily asking doctors to return a device used in performing hysterectomies in thousands of women.  Ethicon's Morcelex device, used in certain laparoscopic surgeries, has come under FDA scrutiny because of the potential of such devices to spread cancerous fibroids. The class of devices known as morcellation devices, which includes Ethicon's Morcelex device, is used in many hysterectomy procedures to break non-cancerous fibroids into smaller fragments... Read More
08/04/2014

Quaker Class Action Settlement Prompts Removal of Trans Fats

Quaker Class Action Lawsuit Addresses Trans Fat

Audet & Partners, LLP reports that Quaker Oats Co. has settled a class action brought in 2010 alleging false advertising related to statements concerning the use of trans fats, or partially hydrogenated oils (PHOs) in various Quaker products. The plaintiffs in the Quaker Oats class action had alleged standing as repeat purchasers of Quaker Oatmeal to Go, and Instant Quaker Oatmeal products.  Plaintiffs alleged that in purchasing the Quaker products they had relied on various statements made on the packaging of... Read More
07/22/2014

Risperdal Lawsuits Will Not Include Claims for Punitive Damages

Risperdal Lawsuit Bars Claims for Punitive Damages

Audet & Partners, LLP reports that a judge in Pennsylvania overseeing hundreds of Risperdal lawsuits has ruled that the plaintiffs in these lawsuits will be barred under New Jersey law from asserting claims for punitive damages.  This ruling, that upheld an earlier ruling in May 2014, in no way affects claims for compensatory damages to cover medical expenses, reconstructive surgery, and the costs of other physical problems caused by Risperdal. As we have previously reported, Janssen Pharmaceuticals, a division of Johnson &... Read More
07/16/2014

Overprescription of Antipsychotic Drugs to Seniors Class Action Lawsuit Settled

Overmedication of Seniors Class Action Lawsuit

Audet & Partners, LLP reports that, in what may be the first class action lawsuit of its kind, a California nursing home has settled claims brought on behalf of 305 current and former residents that the hospital overprescribed antipsychotic medication to residents.  The lawsuit brought against the Ventura Convalescent Hospital in 2010 alleged that the facility engaged in the practice of  administering a variety of "extremely dangerous" antipsychotic drugs as an illegal means of chemically restraining seniors.  The facility agreed to pay... Read More
07/10/2014

Employment Arbitration Clauses Upheld by CA Supreme Court

Audet & Partners, LLP reports that on June 23, 2014, the California Supreme Court upheld the enforceability of mandatory arbitration clauses in employment contracts that, in most cases, effectively deprive employees of the right to bring class action lawsuits against their employers for legal violations in the workplace.  The case, Iskanian v. CLS Transportation Los Angeles, LLC, No. S204032, overturned earlier opinions that had held the arbitration clauses to be unenforceable. The Court in Iskanian, however, carved out one exception that would... Read More
06/18/2014

Transvaginal Mesh Settlements Remain for Injured Women Against Other Manufacturers

Transvaginal Mesh Settlements

As reported earlier, Audet & Partners, LLP recently settled claims brought on behalf of hundreds of women injured after implantation of transvaginal mesh devices manufactured by American Medical Systems (AMS). Similar transvaginal mesh settlements are now being considered by other manufacturers of transvaginal mesh devices. The parameters of the AMS settlements may lay the groundworks for settlements by other manufacturers of transvaginal mesh including Boston Scientific, CR Bard and others. In particular, the following wide range of criterial in the AMS... Read More
06/18/2014

Risperdal Off-Label Prescriptions May Expose Johnson & Johnson to Punitive Damages

Risperdal Punitive Damages

Plaintiffs in consolidated Risperdal lawsuits now pending in Pennsylvania have argued that a New Jersey statute barring punitive damages in lawsuits brought involving FDA-approved drugs does not apply when the injuries alleged result from off-label or uses unapproved by the FDA. Janssen Pharmaceuticals, Inc., the division of Johnson & Johnson that manufactured and distributed Risperdal, had argued that insofar as the antipsychotic medication had been approved by the FDA, the plaintiffs in hundreds of lawsuits coordinated in Pennsylvania could not prevail... Read More
06/18/2014

Risperdal Off-Label Prescriptions May Expose Johnson & Johnson to Punitive Damages

Risperdal Punitive Damages

Plaintiffs in consolidated Risperdal lawsuits now pending in Pennsylvania have argued that a New Jersey statute barring punitive damages in lawsuits brought involving FDA-approved drugs does not apply when the injuries alleged result from off-label or uses unapproved by the FDA. Janssen Pharmaceuticals, Inc., the division of Johnson & Johnson that manufactured and distributed Risperdal, had argued that insofar as the antipsychotic medication had been approved by the FDA, the plaintiffs in hundreds of lawsuits coordinated in Pennsylvania could not prevail... Read More
06/08/2014

Transvaginal Mesh Risks and Benefits Hotly Debated

Transvaginal Mesh Lawsuits

A recent meeting of the American Urological Association ("AUA") included extensive debate by surgeons and experts about the risks and benefits of transvaginal mesh slings which have been widely used in recent years for the treatment of stress urinary incontinence in women.  The longstanding, official position espoused by the AUA is that the synthetic mesh devices are important treatment options for women affected by urinary stress incontinence, a condition that leads to bladder leakage in women due to pressure from... Read More
06/08/2014

Prison Inmate Class Action Allowed to Proceed in Federal Court

Prison Class Action Lawsuit

A lawsuit brought on behalf of more than 30,000 Arizona prison inmates has been allowed to proceed as a class action by a Federal court judge.  The class action lawsuit, filed more than two years ago, has alleged substandard medical care provided by the Arizona Department of Corrections that has led to serious illness and death of inmates in a way that rises to the level of "cruel and unusual punishment" under the Federal constitution. Attorneys for the Department of Correction... Read More
05/07/2014

How Do I Start a Class Action Lawsuit?

How to Start a Class Action Lawsuit

In recent years, there has been a groundswell of misinformation largely designed to dissuade individual consumers from joining together to bring class action lawsuits against large corporations based on various issues including consumer fraud, illegal bank lending practices, personal injuries resulting from defective products, and similar theories. The truth is that it is only through class action lawsuits that many larger corporations, product manufacturers, pharmaceutical companies, etc., are motivated to modify their practices in a way that protects ordinary consumers from... Read More
05/02/2014

Risperdal Class Action FAQs

Risperdal Lawsuit Update

Audet and Partners, LLP is now representing several males who have been diagnosed with Gynecomastia after having taken the antipsychotic drug Risperdal.  If you have suffered this or a similar injury, you may be wondering whether you may have a valid claim for damages. The FAQs below are intended to better help you understand and assess how you might proceed in bringing a Risperdal lawsuit. (1) What is the basis for the current Risperdal lawsuits against Johnson & Johnson? For over a decade,... Read More
04/03/2014

Text Spam Class Action Lawsuit Proceeds Against Payday Loan King

Spam Text Lawsuits

A judge in Nevada has granted class action certification in the lawsuit against Payday King Carey V. Brown, of Credit Payment Services, for violating the Telephone Consumer Protection Act with spam-texts. Brown reportedly got his title as the “payday king” by operating a network of payday lending companies including Credit Payment Solutions, MyCashNow.com, PayDayMax.com and DiscountAdvances.com, according to the TimesFreePress.com.  Brown and his companies are now facing a class action lawsuit for allegedly sending thousands of spam text messages offering high-interest... Read More