Class Actions

03/31/2014

Force-Placed Insurance Lawsuit Brought Against Bank of America

Force Placed Insurance Lawsuit Brought Against Bank of America

On March 28, 2014 Bank of America was hit with another class action on behalf of a nationwide group of borrowers who were subject to the bank’s force-placed insurance policies. The force-placed insurance lawsuit, filed in Federal Court in the Northern District of California alleges that Bank of America force-placed flood insurance policies on a San Jose, California woman's home, creating unnecessary and unwarranted coverage. In accordance with the terms of her mortgage and federal law, the plaintiff was forced... Read More
03/26/2014

San Francisco MUNI Drivers Overtime Class Action Lawsuit Explained

San Francisco MUNI bus and train drivers suing the public transit agency for overtime violations are seeking class action certification. The group of current and former train operators who have joined in the suit has already reached some 2,000+ drivers. The basis of their purported class action lawsuit is that MUNI drivers are not paid for various time spent on the job in violation of the federal Fair Labor Standards Act and related California labor laws. No Pay for Delayed Schedules... Read More
03/26/2014

Google Averts Class Action in Gmail Privacy Lawsuit

Gmail Privacy Class Action

Google has won a major victory in the privacy lawsuit involving the company’s alleged data-mining of private user e-mail messages when a federal judge ruled that millions of Internet users could not proceed in what could have been one of the largest class action lawsuit groups in history. Millions of e-mail users sought to band together as a class claiming Google illegally invaded their privacy and violated federal wiretapping laws by regularly scanning their email messages.  U.S. District Judge Lucy H.... Read More
03/25/2014

Risperdal Lawsuit $1.2 Billion Verdict Overturned by Arkansas Supreme Court

Risperdal Lawsuit News

On March 20, 2014, the Arkansas Supreme Court overturned a trial court award of $1.2 billion to the State of Arkansas against Johnson & Johnson, and its Janssen Pharmaceuticals, Inc. division based on the company's marketing of the antipsychotic frog Risperdal.  This Arkansas lawsuit had been brought by the Arkansas Attorney General and relied on a provision of Arkansas state law governing Medicaid fraud as a basis to challenge the marketing of Risperdal in Arkansas which allegedly included misleading claims... Read More
03/20/2014

da Vinci Surgical Robot Investor Lawsuit Alleges Misleading Statements by Intuitive Surgical

Da Vinci Robot Investor Class Action Lawsuit

A lawsuit in California claims Intuitive Surgical, Inc., the maker of the da Vinci Surgical System, misled shareholders about defects with the robotic device, which has been linked to over 70 deaths and numerous other injuries. The lawsuit, brought by the Public School Teachers’ Pension and Retirement Fund of Chicago, claims that Intuitive Surgical made false statements about the da Vinci system’s safety and misled shareholders about internally-known safety defects in the system that were injuring patients.  By concealing this information... Read More
03/20/2014

Class Action Lawsuits Brought Against McDonald’s For Wage and Hour Violations

McDonald’s is facing class action lawsuits in multiple states over wage and hour violations from potentially thousands of current and former employees. The employee lawsuits, filed to date in Michigan, New York California, are part of a nationwide movement to increase the minimum wage at the fast-food restaurant chain to $15 per hour. The New York Times reported on the campaign to raise fast-food minimum wages earlier this week, with a total of seven lawsuits having been filed involving hundreds of... Read More
03/12/2014

Fraud-on-the-Market Theory in Securities Class Actions Threatened

Securities Class Action Lawyers

The U.S. Supreme Court heard oral arguments in Halliburton Co v. Erica P. John Fund, Inc. last week, the case in which the Court has the opportunity to reverse or limit the 26-year old fraud-on-the-market doctrine adopted by the court in 1988. While the doctrine’s fate remains in question, the justices’ comments at the hearing indicate they are weighing options to make it more difficult for investors to sue. Class action litigation for stock fraud increased dramatically after the Court introduced... Read More
03/05/2014

Securities Class Action Future to be Decided by Supreme Court

Securities Class Actions

Following the U.S. Supreme Court’s decision to take up the “fraud-on-the-market” theory underpinning most securities fraud class actions, the Wall Street Journal has examined whether these class actions are likely to become.  The case could reshape the "balance of power” between companies and the lawyers who sue them based on alleged corporate wrongdoing or omissions that may have impacted stock prices. When investors sue a company under the “fraud on the market” theory, investors are allowed to join forces in a... Read More
02/26/2014

Pay-for-Delay Tactics of Drug Manufacturers Considered by Supreme Court

Pay for Delay Drug Costs

The debate over "reverse payment" patent litigation settlements continues following the Supreme Court's decision in FTC v. Actavis that such agreements should be individually evaluated to determine whether they violate the anti-trust laws. Reverse payment settlements (aptly referred to as pay-for-delay settlements) arise when a brand drug manufacturer sues a generic drug maker for patent infringement and settles the litigation by paying the generic drug manufacture not to bring the lower-cost generic drug to market for a specified period of time,... Read More
02/10/2014

NFL Concussion Lawsuit Settlement

NFL Concussion Lawsuit Settlement

Attorney William Audet is now offering free case reviews to former NFL players with questions concerning pending multidistrict litigation against the National Football League for injuries related to concussions and/or head trauma. In August 2013, attorneys representing a class of approximately 4,500 former NFL players and their families negotiated a settlement with the NFL for a total amount of $765 million to be allocated as follows: • $657 million to players exhibiting specified cognitive injuries shown to have resulted from concussions and/or... Read More
01/30/2014

Homeowners Reject JP Morgan Settlement in Force-Placed Insurance Lawsuit

Several homeowners involved in the class-action lawsuit against JP Morgan Chase and Assurant Inc. over force-placed mortgage insurance policies have objected to the proposed $300M settlement on grounds that the settlement is unfair. JPMorgan Chase and Assurant Inc. previously agreed to a $300 million settlement to resolve the class-action lawsuit brought by millions of homeowners who claimed they were unfairly overcharged for “force-placed” mortgage insurance.  Chase apparently made nearly $600 million in additional profits by earning questionable “commissions” on the policies... Read More
01/30/2014

Court Denies J.C. Penney Co. Motion to Dismiss TCPA Suit

A proposed class action lawsuit against J.C. Penny Co. Inc. over spam text messages will continue after a California federal judge rejected J.C. Penny’s attempt to use an offer of judgment to moot the lawsuit. Plaintiff Tracy Maier sued J.C. Penny Co. in January 2013 for violations of the Telephone Consumer Protection Act (TCPA).  Maier had received unsolicited text messages from the retailer after signing up for J.C. Penney’s online rewards program and providing her cellphone number in the process.  The... Read More